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Trademark Registration Trademark Infringement Trademark Ownership

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Jaburg Wilk

Maintaining and Protecting Your Trademark Rights After Registration

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Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Weintraub Tobin

The Briefing: Trademark Basics - Protecting Names, Logos, and Brands in Entertainment

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From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But how do you get one—and what does it actually protect? Weintraub attorneys Scott Hervey and Richard Buckley talk about the...more

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

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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

Offit Kurman

Trademark Registration Misconceptions: What Brand Owners Should Know

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Many business owners view trademark registration as a smart investment—and they’re right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger...more

Snell & Wilmer

Fourth Circuit Holds Additional Evidence Needed to Determine Whether “MOKE” is Generic

Snell & Wilmer on

The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (“TTAB”) where Moke America LLC...more

Foster Swift Collins & Smith

“Three-peat” Use Agreement in Place if Chiefs Win Super Bowl

The Kansas City Chiefs and the Philadelphia Eagles are playing in Super Bowl LIX this Sunday, February 9. If the Chiefs win, this will be their third consecutive Super Bowl win, and, according to the Kansas City Star via...more

McDermott Will & Schulte

Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties’ stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Leverage Your IP - Residual Goodwill in Trademarks

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In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted....more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

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I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Pillsbury - Propel

Trademark Fundamentals: Likelihood of Confusion

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A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

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Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Ladas & Parry LLP

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

Ladas & Parry LLP on

Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark...more

Troutman Pepper Locke

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Troutman Pepper Locke on

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an...more

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

MarkIt to Market® - August 2023: How to Lose a Mark in 3 Ways – Part 3: Naked Licensing

Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more

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

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Sheppard Mullin Richter & Hampton LLP

Takeaways from the Hermès Litigation over MetaBirkins NFTs

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners....more

UB Greensfelder LLP

The Trademark Modernization Act of 2020: What Trademark Owners Need To Know

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On December 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. Most famous for the inclusion of the $900 billion COVID-19 stimulus package, the bill also included the Trademark Modernization Act of 2020...more

McDermott Will & Schulte

Trademark Owner’s Fate Sealed Tight After Finding of Fraud on PTO

Addressing the issue of collateral estoppel, the US Court of Appeals for the Eighth Circuit upheld a ruling dismissing a trademark owner’s second infringement lawsuit against the same defendant after a finding that the...more

Foley Hoag LLP - Making Your Mark

Smiles Like Teen Spirit: “Smiley Face” Copyright and Trademark Litigation

You may think the phrase “million-dollar smile” is just a metaphor, but a smile could cost you millions of dollars in litigation damages if you aren’t careful, at least according to Nirvana LLC, the legal entity that owns the...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

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