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U.S. Supreme Court Upholds Constitutionality of Federal Trademark Statute's "Names Clause"

The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark...more

U.S. Supreme Court: U.S. Trademark Statute Bars Domestic Infringement Only

The U.S. Supreme Court issued a decision on June 29, 2023, addressing the scope of federal trademark law on conduct occurring outside of the United States. The case, Abitron Austria GmbH v. Hetronic International, Inc.,...more

Supreme Court Rules on Rogers Test Regarding Parodies of Others' Trademarks

The U.S. Supreme Court on June 8, 2023, ruled unanimously that a parody of a Jack Daniels whiskey bottle in the form of a dog chew toy was not entitled to receive heightened protections even if it contained artistic or...more

U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee...more

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

Courts Offer More Guidance on Enforcing Rights to Brands and Images Used with NFTs

Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more

Image-Generating AI: Trends and Legal Challenges

Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Trademark Enforcement Injunctions in the NFT Landscape

Trademark enforcement best practices in the NFT landscape continue to evolve. A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in...more

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging...more

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

Intellectual Property Protection in the Metaverse

The U.S. Trademark and Patent Office (USPTO) has experienced a significant rise in the number of trademark applications to protect goods and/or services in a virtual sphere. These primarily include applications related to...more

Trademark Office Continues Crack Down on Fraudulent Filers, Sanctions Issued

For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more

Beware of Suspicious Trademark Solicitations

Over the past few years, the U.S. Patent and Trademark Office (USPTO) has experienced an uptick in filings of trademark applications from entities outside the United States, especially from China, that do not appear to have a...more

CBP Offers IP Owners Better Tools for Combating International Counterfeits

Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,...more

Protecting Your Brands in New Markets: Iran and Cuba

For companies based in the United States, doing business in Cuba and Iran is no longer a completely far-fetched notion. In Cuba, the relaxing of the embargo promises to make this island neighbor of the U.S. available for...more

ICANN's Trademark Clearinghouse Set to Launch on March 26, 2013

The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as...more

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