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Brand Trademark Ownership

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

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Partridge Snow & Hahn LLP

Choosing a Strong Trademark: The Foundation for Creating a Distinctive Brand

A “trademark” is any word, phrase, logo or design that identifies the source of goods or services. Trademarks are used to distinguish one’s products and services from those of another. The strength of a trademark depends on...more

Partridge Snow & Hahn LLP

Protect Your Brand: 8 Advantages of Trademark Registration

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark...more

Faegre Drinker Biddle & Reath LLP

Connecting with Digital Natives through Brand Protection

With the constant rise of counterfeiting, protecting one’s brand is now more important than ever. Many brand owners already take protective steps to protect their brands such as registering brands through trademark and...more

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

First Sale Doctrine – Not a Get out of Jail Free Card

It is well established that under the First Sale Doctrine luxury resellers have the right to resell genuine, pre-owned goods, and advertise them as such. But does the doctrine give merchants carte blanche in advertising...more

Smart & Biggar

Trademark owners, beware: protecting your brand in the era of trademark scams

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An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

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Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Linda Liu & Partners

Notable Points for the Use of Intellectual Property Rights and Contractual Agreements in Co-branding

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In today's extremely rich material environment, many consumers choose goods not only based on simple cost performance to decide, but are willing to pay for creativity and brand value recognition. Consumer choice trends...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...

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

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

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Weintraub Tobin

The Briefing: When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese

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The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these...more

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

MarkIt to Market® - August 2023: How to Lose a Mark in 3 Ways – Part 3: Naked Licensing

Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more

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

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

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

MarkIt to Market® - July 2023: How to Lose a Mark in 3 Ways – Part 2: Genericide

One of the signs of a healthy trademark is a certain level of distinctiveness. Distinctiveness is related to consumers’ love and recognition of a mark as an indicator of a product’s source, such that consumers trust the mark...more

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

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Erise IP

Protecting Your House Brand is Paramount: Two Case Studies Show Different Approaches

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Companies may have hundreds of trademarks, but the primary or house mark is the most important and should be the centerpiece of every trademark strategy. Trademark owners take different approaches to brand awareness and...more

Dechert LLP

Trademark Protection and Protected Speech In and Out of the Metaverse

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The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Sheppard Mullin Richter & Hampton LLP

Takeaways from the Hermès Litigation over MetaBirkins NFTs

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners....more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

DarrowEverett LLP

What’s Worse: The Pain or the Hangover? Brand Endorsements in the Fallout of Yeezy

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“And I heard ‘em say, ‘nothin’ ever promised tomorrow today”; that is, unless, that promise was memorialized into a properly drafted and negotiated brand licensing agreement. Brand licensing agreements are essential for...more

DarrowEverett LLP

Naked Licensing: That’s Your Name, So Don’t Wear It Out

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From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider...more

Ladas & Parry LLP

The Trademark Modernization Act: A Primer For Brand Owners

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On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades...more

Erise IP

Trademark Delays: Strategies to Work Around the USPTO Backlog

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“How long does it take to register a trademark?” This is a common question from brand owners, and an important one. After all, registering a trademark is a significant step in protecting a brand....more

Dunlap Bennett & Ludwig PLLC

Trademark Use and Trademark Infringement in Domain Names

Trademark rights and domain name ownership overlap in many ways, but they are not the same. Domain name ownership does not necessarily establish trademark rights, and trademark ownership does not necessarily give you the...more

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