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Trademarks › Patents › Trade Dress

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 -
American Conference Institute (ACI)

[Webinar] Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA - October 14th - 30th, 1:00 pm EST

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ACI’s virtual Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA equips early-career professionals with the legal and regulatory fluency needed to contribute meaningfully to product strategy and...more

Wolf, Greenfield & Sacks, P.C.

Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio

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In today’s competitive and innovation-driven economy, protecting intellectual property (IP) is no longer just about securing utility patents. A well-rounded IP strategy that incorporates multiple forms of IP, such as trade...more

Troutman Pepper Locke

What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to...more

Knobbe Martens

Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

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CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

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For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

Quarles & Brady LLP

Protecting the Product: Beauty Products

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The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating...more

Polsinelli

Design Patent vs. Trade Dress: Strategic Considerations for Protecting Product Designs

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Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive shape of Gibson guitars,...more

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Womble Bond Dickinson on

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

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

MarkIt to Market® - September 2023

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

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

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

MarkIt to Market® - August 2021

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The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Sheppard Mullin Richter & Hampton LLP

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

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The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

ArentFox Schiff

Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking

ArentFox Schiff on

The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more

Knobbe Martens

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

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On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more

Haug Partners LLP

“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent...

Haug Partners LLP on

In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

Ervin Cohen & Jessup LLP on

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2020 #1

Schwabe, Williamson & Wyatt PC on

PATENT CASE OF THE WEEK - Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) - In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of...more

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

MarkIt to Market® - December 2019: Get in Sync: The Interplay Between Patent Language and Descriptive Word Marks

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

In a recent precedential decision, the Trademark Trial and Appeal Board affirmed that the mark SEQUENCING BY BINDING is merely descriptive of goods and services in Classes 1, 9, 10, and 42 related to biological analytes...more

Vedder Price

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

Vedder Price on

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more

Fish & Richardson

Sufficiency of ITC Complaint Established By Commission Institution

Fish & Richardson on

The recent Federal Circuit opinion in Laerdal Medical Corp. v. International Trade Commission may have an effect on the ITC’s pre-filing and pre-institution procedures in connection with section 337 complaints....more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

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Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

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

Aesthetic Functionality – Design Patents in the Clear (For Now)

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The aesthetic-functionality doctrine is a concept in trademark law that can preclude trademark protection for elements of trade dress deemed to be aesthetically pleasing; the doctrine can come into play when a trade dress...more

Dorsey & Whitney LLP

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

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