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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

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

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

Volpe Koenig

From Radio Stunt to Licensing Asset: What Wing Bowl Teaches Us About Trademark Value

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What’s in a name? For Philadelphians (and young men of a particular era) “Wing Bowl” conjures up zany images from the 1993-2018 annual early morning chicken wing eating competition including scantily clad women, radio...more

International Lawyers Network

Uber’s Opposition Fails the Grade in Tutors Trade Mark Dispute

The Australian Trade Marks Office has permitted the registration of the trade mark UBER TUTORS after finding that transport and delivery giant, Uber Technologies Inc (Uber Tech) failed to oppose the mark’s registration under...more

Farella Braun + Martel LLP

What's In a Name?: The Legal Landscape of Choosing Surnames as Trademarks

As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames of their founders. These names often lend a sense of authenticity or legacy that...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more

Mayer Brown

Non-Traditional Trademarks

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In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more

Amundsen Davis LLC

How Businesses Can Enforce Trademark Registrations

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Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and...more

Fenwick & West LLP

Dupe or Deception? What e.l.f.’s Win Over Benefit Means for Beauty Brands

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The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit...more

Fenwick & West LLP

SkyKick TM Row with Media Co. Sky Raises Key Risks for US and Global Brands

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The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can...more

McAfee & Taft

Utah Yetis: The road to naming a new NHL team hits trademark snag

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In 2024, Utah made its big debut in the National Hockey League, adding a new team to the league and a new reason for fans to get excited. The challenge for the team owner, Uyte, LLC, wasn’t just about building a roster of...more

Flaster Greenberg PC

Trademarks and Generative AI 101

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With the rise of generative artificial intelligence (“GenAI”), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law – and the numerous gray areas that...more

Venable LLP

Protect Your Nonprofit's Mission with Smart Trademark Strategies

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Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Consumer Product Brand

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You put in the hard work to conceive and design your product, choose a trademark, and build your customer following, but taking your product brand to the next level and attracting an equity investment based in large part on...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

Seyfarth Shaw LLP

THREE PEAT: Why Pat Riley’s Trademark Portfolio Makes Him a Chiefs Fan for the Super Bowl

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As the Kansas City Chiefs prepare to face the Philadelphia Eagles in Super Bowl LIX, they aren’t just battling for another championship—they’re chasing history. A win would cement their place in the record books as the first...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

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Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

Mayer Brown

A Pennsylvania Jury Hands a Critical Win to Brand Owners

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In a closely watched trademark dispute, a Pennsylvania jury recently held that Vintage Brand LLC (“Vintage Brand”), Sportwear, Inc., and Chad Hartvigson (collectively, the “Defendants”) had infringed Pennsylvania State...more

Morrison & Foerster LLP

UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

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The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing...more

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

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

MarkIt to Market® - March 2024

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB...more

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

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...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

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