Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more
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: Fruity...more
The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a...more
In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more
For music lovers, while it may be a bit far for some to travel to Liverpool and stay in the Yellow Sub Hotel, why not have a more local adventure, in sunny Florida at The Seminole Hard Rock Hotel & Casino’s The Guitar Hotel,...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
Apple, Inc. presents a host of interesting case studies for anyone involved in international business, particularly in the area of international intellectual property law. Anyone that’s read Walter Isaacson’s book on Steve...more
Think about your favorite pizza restaurant. What sets it apart from the frozen pizza you could pick up from your local grocery store? Is it the cheese-stuffed crust? The quality of the pepperoni?...more
By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more
On April 1, 2020, Napa Valley’s JaM Cellars (JaM) filed a complaint against The Wine Group (Group), the producer of the well-known boxed wine Franzia, in the U.S. District Court for the Northern District of California....more
GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: Evidence of use of a term even without a showing of secondary meaning, by any third party,...more
I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
The typical crack and fizz sound that occurs when opening a carbonated beverage is not registrable as a sound mark as it lacks any distinctive character. This was decided by the General Court of the European Union (GC) in a...more
The US Court of Appeals for the 11th Circuit affirmed a district court’s conclusion that laches barred an advertising and marketing company’s claims for monetary damages for trademark infringement and unfair competition, but...more
Congratulations! Your team has made a critical discovery based on its analysis of your company’s clinical data. You want to file a patent application so that your company can secure patent rights for that discovery. Simple,...more
In CTB Inc. v. Hog Slat, Inc., the U.S. Court of Appeals, Fourth Circuit, found that a chicken feeder design was not eligible for trade dress protection because it improved the way the feeders worked. It was therefore...more
Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more
On April 8, 2020, in In re: Forney Industries, Inc., the Federal Circuit reversed the Trademark Trial and Appeal Board’s finding that a color mark can never be inherently distinctive. By so holding, the Federal Circuit...more
In Re FORNEY INDUSTRIES, INC. Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging....more
On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more
Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient...more
The Federal Circuit recently held in a precedential ruling that a “color mark” comprising a multiple-color pattern is capable of being inherently distinctive and of registration on the Principal Register, so long as it...more
Marking a significant departure from Trademark Manual of Examining Procedure guidelines, the US Court of Appeals for the Federal Circuit overturned an administrative decision by the Trademark Trial and Appeal Board that had...more
In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more