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B&B Hardware v Hargis Industries - Supreme Court: TTAB rulings refusing registration on likelihood of confusion grounds may be...

The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals. The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more

Locke Lord QuickStudy: Supreme Court Upends Brand Protection Strategies

In the landmark B&B Hardware, Inc. v. Hargis Industries, Inc. case the Supreme Court held that administrative Trademark Trial and Appeal Board (TTAB) decisions on likelihood of confusion may preclude the parties from...more

Corporate Branding and Ethics and Compliance Charters and Policies

There is a lot written on the value of symbols in political and public relations campaigns. My favorite President, Franklin Roosevelt, was a master at using symbols to communicate powerful ideas to the public....more

The Launch Of .PORN & .ADULT TLDS

In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry. At that...more

The Next New gTLD Just .Sucks for Brand Owners

Hot on the trails of .porn and .adult, a new gTLD enters the fray next week — one that’s already giving PR departments heartburn. The .sucks domain launches for sunrise registrations on March 30, 2015, and with it yet...more

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

Descriptive or Suggestive Marks: An Issue for "Experts"?

On February 28, 2015, the Southern District of New York denied a motion to exclude the testimony and survey of an expert witness regarding whether a trademark was descriptive or suggestive. In Rise-N-Shine, LLC v. Robin...more

Embracing Nontraditional Trademarks: Expand Your Brand Through All the Senses!

The human senses have the powerful ability to trigger memories and help retain information. The tune of “Twinkle, Twinkle, Little Star” helps millions of kids learn the alphabet every year, and even adults retain that tune...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Trends in Trademarks

With more than 3,000 breweries in the United States and nearly 2,000 more in some phase of planning, the likelihood of trademark infringement increases with each passing IPA related pun. Some disputes are settled in a very...more

Top 5 Mistakes Brand Owners Make When Filing Their Own Trademark Applications

Entrepreneurs often choose not to spend money on legal fees as they are launching their businesses. Understandably, budgets are tight in a company’s early days, and when faced with the choice of spending money on a trademark...more

.PORN and .ADULT Join .XXX to Form Unsexy Threesome for Brand Owners

Yesterday marked the sunrise launch of the .porn and .adult generic top-level domains (gTLDs), which join .xxx in the top-level domain name space as gTLDs targeted mainly at online purveyors of adult entertainment. ...more

Don’t Mess with Texas Trademarks

As a native Texan, I always feel a bit nostalgic and homesick around early March. Not only is bluebonnet season (read: spring) around the corner (if only that were true here in Boston!), but March 2 marks Texas Independence...more

All-Star Tips To Avoid Infringement Litigation

Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald...more

Use it or Lose It: Abandoning Your Brand Can Have Dire Consequences

Trademark rights arise out of use in commerce, and can provide protection for your name, brand, and reputation in the community provided, that the marks are continuously used in connection with your goods or services. While...more

Recent Guidance on Geographically Descriptive Trademarks May Help Brand Owners

Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. ...more

Generic top-level domains – the evolution of trademark protection

In early 2012 the Internet Corporation for Assigned Names and Numbers (ICANN) received over 1,900 applications for unlimited generic top-level domains (gTLDs). Since then, over 325 new TLDs have launched with a total of...more

UDRP Panel Tells Snapchat to Check Itself Regarding Snapchatcheck.com

By now you’ve probably heard of Snapchat. But if you are not among its growing core base of users between 13 and 23 years of age (probably a good deal younger than you, constant reader) there’s a good chance you are not a...more

Brandmarking - Volume 4 Number 1 - February 2015

Good News from Washington (For a Change): Trademark Filings Just Got Cheaper - The old joke is that the three least believable sentences in the English language are: "The check is in the mail," "Of course I’ll...more

Law Firm Tag Lines: “Word. Word. Word.”

Let’s declare 2015 to be the end of the “Three one-word sentence” tag lines. Particularly alliterative ones, like “Expertise. Excellence. Efficiency.” For both law firms and accounting firms, the most-overused...more

Take Down for “Chinatown”?

Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark...more

MarkIt to Market - January 2015

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter comments on the trend of seeking to register popular slogans as trademarks, supplies a template for auditing your trademark rights, and gives an updated list...more

There’s Something About Nutella

First off, hello DuetsBlog! I’m delighted to join Steve and the rest of the team here, and I hope I can add to the excellent content that authors past and present have brought to the site. I’ll start my post with a...more

The 30 Best Law Firm Tag Lines Ever. (2 of 3)

Tag lines are hard – a small handful of strategically selected words that encapsulate everything you stand for and want your target audience to know about you. Safe or boring blurbs like “Clients Matter” or “Since 1979?...more

Brave New World

Tiffany & Co. made some waves over the past several weeks when it featured a same sex couple in its “Will You?” engagement campaign.  Tiffany is the first “famous” brands to take this path, and they are undoubtedly hoping...more

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