News & Analysis as of August 30, 2025

Likelihood of Confusion

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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 +

Worried your trademark might be commercially and conceptually weak? Recent opinions by the trademark trial and appeal board...

Clark Hill PLC on 8/26/2025

As any marketing expert will tell you, the best trademarks are both creative and unique. Such “strong” trademarks are more memorable and set a product apart from competitors’ products....more

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

Morgan Lewis on 7/21/2025

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

What Makes a Trademark Case “Exceptional” in the Fifth Circuit?

McDermott Will & Schulte on 7/12/2024

The US Court of Appeals for the Fifth Circuit affirmed a senior party mark but found that the district court committed clear error in finding that a similar junior party mark was valid. The Fifth Circuit also found that the...more

Derby Pie Eats Humble Pie

Dorsey & Whitney LLP on 1/27/2021

Rupp v. Courier-Journal, Inc. involves a dispute between the makers of DERBY-PIE®—a trademarked chocolate-nut pie—and a local newspaper that published two articles about other businesses creating other chocolate-nut desserts....more

Prosecuting a U.S. Trademark Application

Snell & Wilmer on 9/9/2019

Prosecution of a U.S. trademark application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on 2/2/2019

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Intellectual Property Basics

Jackson Walker on 1/2/2018

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From...more

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