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 -
News & Analysis as of

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

Ch-Ch-Ch-Ch-Changes: USPTO Pilot Program on Changing Technology

As you may have heard, the USPTO has commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations to account for evolving technology. Amendments...more

Earning Trademarks with Every Coupon? How Johnson & Johnson Secured The Mark: Earning Trust With Every Bottle

A recent ruling from the Trademark Trial and Appeal Board (“the Board”) found a coupon to be an acceptable specimen for the U.S. Trademark Office (“Office”) showing proper trademark use. Johnson & Johnson submitted the coupon...more

Conflicting State and Federal Laws May Result in Crippling Blows to Business in the Marijuana Industry

As of October 2015, four states have legalized marijuana for recreational use: Alaska, Colorado, Oregon and Washington. The recreational marijuana movement—although slow in terms of states following by legalizing use—has had...more

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

MarkIt to MarketTM - September 2015

The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more

Intellectual Property: Should You File Trademark Applications On Your Own?

Recent news articles have talked about the pros and cons of individuals filing their own trademark applications without the benefit of experienced counsel. While this is an option to consider, intricacies in the filing rules...more

Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They...more

Dear Trademark: Don’t Ever Change

Change is not always good, particularly in the world of registered trademarks. If your trademark changes over time - due to the vagaries of marketing trends, fashion, style - you may find that your mark no longer matches the...more

A Solution for Evolution in the Trademark Arena

The USPTO’s Welcome Initiative for Technology-Driven Changes in Registered Trademark Use. Under a pilot program announced by the United States Patent and Trademark Office (USPTO) on September 1, 2015, trademark owners...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM

The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”)...more

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

From June through August 2015, the Trademark Trial & Appeal Board issued eleven precedential decisions. Over the course of the upcoming weeks, we are briefly summarizing each opinion and a “take away” for brand owners and...more

7 Intellectual Property Issues Startup Entrepreneurs Should Not Overlook

When startups are in the whirlwind of launching a new product or strategizing a marketing plan, there are crucial intellectual property issues that should not be overlooked. Here are seven things startups should know about IP...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

North Face Scales Sanyang Applications For Clothing and Services

In The North Face Apparel Corp. v. Sanyang Industry Co., Ltd., Opp. No. 91187593 (September 18, 2015), the Trademark Trial and Appeal Board (“TTAB”) handed The North Face Apparel Corp. (“The North Face”) significant victories...more

Intellectual Property Newsletter - September/October 2015

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

[Event] PEDC Training: IP Blunders and How to Avoid Them - Oct. 6th, McLean, VA

On Oct. 6, Intellectual Property attorney Josh Brady will deliver a two-hour hands-on training session on how to recognize potential IP blunders and plot a course to avoid them. This will be the first in a series of IP...more

Copyright Strategies for Start-Up Companies

As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the...more

Easy Registration Refusal, See Park ‘N Fly

Trademark types know all about Park ‘N Fly, whether they travel or not. That’s because it is more than a nearly fifty year old airport parking and travel service brand and federally-registered service mark, it is short-hand...more

Pow! Boff! Thwack! Batmobile Wins Copyright Litigation

It's not every day a Ninth Circuit court opinion includes, "Holy copyright law, Batman!," or “To the Batmobile!” But in affirming a district court’s ruling in a copyright infringement case by DC Comics against the maker of...more

Chocolate Bear Beats Gummy Bear

Can a wordmark with a particular meaning be infringed by a three-dimensional product design? Disputes regarding the infringement of a wordmark by a purely figurative mark (and vice versa) have been the object of several...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Proactive Trademark Selection Can Add Value To A Company’s Assets And Avoid Problems

Incorporation typically includes registration of a corporate name. Some entrepreneurs do not realize, however, that corporate name registration alone is unlikely to provide trademark protection. Even worse, although state...more

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