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Trademarks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Jaburg Wilk

Trademark Infringement: What It Is and How to Respond

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Trademark infringement occurs when someone uses a mark that is confusingly similar to another party’s registered or common law trademark in connection with related goods or services. The key issue is whether consumers are...more

McDermott Will & Emery

Kissing cousins? SUNKIST and KIST deemed confusingly similar

McDermott Will & Emery on

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

McDermott Will & Emery on

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.

IP Hot Topic: USPTO Doubles Down on Trademark Security – Is Your Email Current?

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As part of its ongoing effort to stop scammers from third-party trademark applications and registrations, the USPTO has enhanced security of the Change Address or Representation (CAR) forms by adding authorization...more

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

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

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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

Cranfill Sumner LLP

The Strategic Value of Trademark Search Before Brand Adoption and USPTO Application

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In the competitive landscape of branding and intellectual property, conducting a trademark search before adopting a brand name or filing a trademark application is not just best practice—it’s strategically necessary. This...more

Coblentz Patch Duffy & Bass

Monkey Business No More: Ninth Circuit Rules NFTs Are Protected by Trademark Law, Confirms the Limits of Expressive Speech...

Coblentz Patch Duffy & Bass on

Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more

Fitch, Even, Tabin & Flannery LLP

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

Fitch, Even, Tabin & Flannery LLP on

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

Ladas & Parry LLP on

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

Bradley Arant Boult Cummings LLP

Federal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion

Bradley Arant Boult Cummings LLP on

In Sunkist Growers, Inc. v. Interstate Distributors, Inc. (No. 24-1212), the Federal Circuit reversed the Trademark Trial and Appeal Board’s decision dismissing Sunkist’s opposition to Interstate Distributor’s (IDI) attempt...more

Roetzel & Andress

Trademark First: The Gateway to Amazon Brand Registry

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Amazon is the biggest third-party online marketplace in the United States and a go-to platform for numerous businesses. However, to get the most out of selling on Amazon, it is essential to join the Amazon Brand Registry....more

Katten Muchin Rosenman LLP

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

Katten Muchin Rosenman LLP on

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

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Adams & Reese on

Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Robinson+Cole Data Privacy + Security Insider

Kentucky AG Sues Temu for “Stealing Kentuckians’ Data”

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Following in the footsteps of almost two dozen attorneys general in other states, Kentucky Attorney General Russell Coleman filed a lawsuit on July 17, 2025, against Chinese online shopping platform Temu, alleging that it...more

Mayer Brown

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

Mayer Brown on

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

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

Dorsey & Whitney LLP on

When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...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

Smart & Biggar

CIPO announces end to accelerated trademark examination, upcoming changes to pre-approved terms, and anticipated nine-month wait...

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On July 16, 2025, the Canadian Intellectual Property Office (CIPO) announced new practices related to trademark examination and the acceptance of recommendations for pre-approved goods and services....more

Baker Donelson

Think While You Are Using AI Coding

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Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right...

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter. They break down the essentials,...more

Williams Mullen

PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property...

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter. They break down the essentials,...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

Cozen O'Connor

Kentucky AG Sues Temu over Alleged Data Misuse and Counterfeit Sales

Cozen O'Connor on

Kentucky AG Russell Coleman filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging widespread violations of state consumer protection laws. According to the complaint, the Temu shopping app...more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

Jaburg Wilk on

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

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