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Trademark Litigation Trademarks

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

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In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

McDermott Will & Emery

Kissing cousins? SUNKIST and KIST deemed confusingly similar

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The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in connection with soft...more

McDermott Will & Emery

It’s not monkey business: NFTs can be trademarked

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The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more

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

Keeping Up With the Trademarks: The Real IP Rights of Reality Stars

Many reality TV stars leverage their on-screen exposure to build brands of their own. While some focus on launching branded product lines (e.g. Kylie Cosmetics in beauty or Loverboy in alcoholic beverages), others, such as...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Ladas & Parry LLP

Federal Circuit: it’s not easy being green for colour marks

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Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more

Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Mayer Brown

Online Advertisements and Trade Mark Infringement – Singapore Court of Appeal Issues a Landmark Decision

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The Singapore Court of Appeal's decision in East Coast Podiatry Centre Pte Ltd v Family Podiatry Centre Pte Ltd [2025] SGCA 28 ("East Coast Podiatry") marks a significant development in Singapore's trade mark jurisprudence,...more

Fenwick & West LLP

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

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Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

Jaburg Wilk on

Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more

Miller Canfield

Navigating the Survey Seas: The Timing and Impact of Survey Evidence in Trademark Litigation

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In the world of trademark litigation, surveys play a crucial role in tackling issues like confusion, secondary meaning, and dilution. However, the timing of survey disclosures often sparks heated debates, as neither side...more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

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Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more

McDermott Will & Emery

Clean bill of health: Only domestic activities count when analyzing likelihood of confusion

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Affirming a summary judgment decision finding no trademark infringement under the Lanham Act, the US Court of Appeals for the Ninth Circuit determined that the district court properly focused on domestic activity with regard...more

McDermott Will & Emery

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

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The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

Mayer Brown

Expanded Mediation Options at the EUIPO Efficient and Confidential Dispute Resolution for Trademark and Design Proceedings

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Since June 2, 2025, the European Union Intellectual Property Office (EUIPO) has been offering a comprehensive expansion of its mediation services, and since July 14, 2025, the "Rules on Mediation" have entered into force....more

Katten Muchin Rosenman LLP

Not So Fast...Online Retailer Wants New Trademark Trial Against Penn State

In the ongoing trademark dispute between The Pennsylvania State University (Penn State) against online retailer Vintage Brand, LLC (Vintage), along with its manufacturer and distributor Sportswear Inc. d/b/a Prep Sportswear...more

Jenner & Block

Jenner & Block Japan Newsletter - July 2025

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Welcome to the July 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese...more

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

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The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

Morgan Lewis

UK Supreme Court Confirms Post-Sale Context Is a Basis for Trademark Infringement

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The UK Supreme Court recently handed down judgement in the case of Iconix Luxembourg Holdings SARL v. Dream Pairs Europe Inc. The decision has provided important clarity on the question of whether post-sale confusion is...more

Morgan Lewis

EU General Court Affirms English Trade Marks Must Pass A1–A2 Bar

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In Karneolis LTD v. EU Intellectual Property Office and Match Group LLC,[1] the EU General Court ruled in favour of Match Group LLC, the dating app conglomerate that owns and operates, among others, Tinder, Hinge, and...more

McDermott Will & Emery

Don’t walk away: Trademark owner can’t bring infringement suit against co-owner

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The US Court of Appeals for the Fifth Circuit upheld a district court’s summary judgment decision that a co-owner of a trademark cannot bring infringement or dilution claims under the Lanham Act against other co-owners or...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

Dorsey & Whitney LLP on

Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Jenner & Block

Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad

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Two years after the US Supreme Court’s decision in Abitron Austria GmbH v. Hetronic International, Inc., US trademark owners and global businesses continue to grapple with its implications for cross-border enforcement. The...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2025 #3

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U.S. Education Secretary Linda McMahon on Monday threatened the state of California with legal action after the state refused to ban transgender girls from participating in girls’ sports as demanded by President Donald...more

Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

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