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Trademark Litigation › Intellectual Property Protection › CAFC

Jones Day

Gloves Off: Court Says No to Green Trademark Protection

Jones Day on

The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more

Fish & Richardson

Federal Circuit Finds Beer Trademark Application Nothing but "Chicken Scratch"

Fish & Richardson on

In yet another recent example of the need for care in establishing a full record when appealing the denial of a trademark application, on April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

TTAB Upholds Reputation Outside of U.S. as Ground for Opposition

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In the recent precedential decision Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025), the U.S. Trademark Trial and Appeal Board found that an Opposer had standing to challenge registration of a...more

ArentFox Schiff

A New Shade of Protectability

ArentFox Schiff on

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

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