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Trademarks › Trademark Litigation

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 -
McDermott Will & Schulte

When is a word too common to trademark? Asking for a four-letter friend

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In response to artist and entrepreneur Erik Brunetti’s ongoing efforts to register FUCK as a trademark for various goods and services, the US Court of Appeals for the Federal Circuit vacated the Trademark Trial & Appeal...more

Womble Bond Dickinson

TTAB Extends Time to Respond to a Complaint (With a Caveat)

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Per a Federal Register Notice today from the USPTO, the Trademark Trial and Appeal Board (TTAB) has extended the time period to respond to a complaint in a TTAB trial proceeding to sixty (60) days. ...more

Knobbe Martens

Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity

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IN RE: ERIK BRUNETTI - Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to register a...more

McDermott Will & Schulte

Standing: Don’t get owned by incorrect trademark ownership

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The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more

Haug Partners LLP

Federal Circuit Reverses TTAB Decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc.: Minor Variations Are Not Always...

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On July 23, 2025, the U.S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Sunkist Growers, Inc.’s (Sunkist) opposition to Intrastate Distributors, Inc.’s (IDI)...more

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

Legally Viral: Reality TV Trademarks on Social Media

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

While reality stars often use their on-camera exposure to kick-start their personal brand, sustaining momentum relies heavily on cultivating a strong social media presence to stay connected with their audience. Not...more

ArentFox Schiff

Clash of the Columbias - Litigating Co-Existence Agreements

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Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep...more

Mayer Brown

Penn State v. Vintage Brands

Mayer Brown on

In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal...more

BakerHostetler

The GOAT Dispute: A Spirited Defense Against ‘Trademark Bullying’ or Savvy Enforcement Strategy in the Age of E-Commerce?

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Does the sale of promotional clothing products turn a vodka and bourbon company into a fashion retailer? How much weight should be given to overlap in “channels of trade” when two companies sell certain products online but...more

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

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Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

Baker Donelson

Bored Apes – Intangible "Goods" Pave the Way for Trademark Protection of NFTs

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In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Knobbe Martens

Sunkist Squeezes Out a Win and Kisses Kist Goodbye!

Knobbe Martens on

SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. - Before Prost, Taranto, and Stark.  Appeal from the Trademark Trial and Appeal Board. The TTAB incorrectly found that similar trademarks created distinct commercial...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025 #2

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The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team’s intellectual property to sell products even though it owed the team over $1.5 million....more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Proskauer Rose LLP

Three Point Shot - August 2025

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Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

Benesch

AI Reporter - August 2025

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The United States Senate’s 99-1 vote to lift a 10-year ban on state-level AI regulation marked a major shift in tech policy, challenging efforts by companies like OpenAI and Google to maintain uniform federal oversight. The...more

Dorsey & Whitney LLP

When it Comes to the View, Will the Cubs Play Ball?

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Watching a Cubs game from a nearby rooftop sounds like an ideal afternoon.  At Wrigley Field, it became a business.  For years, rooftop owners near the stadium sold tickets, served food and drinks, and offered fans a unique...more

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

McDermott Will & Schulte

Kissing cousins? SUNKIST and KIST deemed confusingly similar

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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 & Schulte

It’s not monkey business: NFTs can be trademarked

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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.

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

Fitch, Even, Tabin & Flannery LLP

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

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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

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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

Katten Muchin Rosenman LLP

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

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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

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