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Trademarks › Retail Market

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 -
Seyfarth Shaw LLP

Taylor Swift’s Trademark Era: How The Life of a Showgirl Reinforces Her IP Empire

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Taylor Swift isn’t just a pop icon—she’s a master of intellectual property strategy. With the announcement of her twelfth studio album, The Life of a Showgirl, Swift once again demonstrated how to blend creative storytelling...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Volpe Koenig

Intellectual Property in Popular Culture: When IP Goes “Pop”

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Like other areas of law, intellectual property (IP) is often depicted as part of a plot point in popular culture, such as movies and television. In addition, lP is often mentioned in the mass media, particularly when any...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

Seyfarth Shaw LLP

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

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What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v....more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

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If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

DLA Piper

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

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An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more

Troutman Pepper Locke

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

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Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2024

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The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Seyfarth Shaw LLP

Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations

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Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live...more

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

Design Patent Enforcement in Online Marketplaces

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Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...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

Seyfarth Shaw LLP

Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

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Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more

Smart & Biggar

Interlocutory injunctions: powerful tools for trademark owners in Canada

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A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more

Seyfarth Shaw LLP

What’s the Delta?  How Delta-8 Can Provide Trademark Rights for Hemp and Marijuana

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A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL...more

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

MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies...

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October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more

Katten Muchin Rosenman LLP

Insider View: Colette Stanford, Chief Legal Officer at SPARC Group LLC - Katten Kattwalk | Issue 26

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Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the...more

A&O Shearman

Indirect confusion: What is it good for?

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While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a finding of indirect confusion...more

Kohrman Jackson & Krantz LLP

Supreme Court to Chew on First Amendment Protections in Jack Daniels v. Bad Spaniels: Are Parodies Protected Speech or Trademark...

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Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled...more

Dickinson Wright

A Seller’s Guide to Navigating Intellectual Property Law on Amazon

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A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

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Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

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On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Akerman LLP - Marks, Works & Secrets

Certiorari Granted to Jack Daniel’s with Respect to Parody Dog Toy: Does Anyone Here Have a Sense of Humor, and Does it Matter?

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On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of...more

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