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Trademarks

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 -

Former Rutgers Player Sues Alma Mater Over Nickname

by Winthrop & Weinstine, P.A. on

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing...more

European Union Trademark Reform—Further Changes Have Arrived

by Jones Day on

The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017. ...more

Owning a (Wholesome) Four Letter Word

by Winthrop & Weinstine, P.A. on

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Sorry, Will – I AM Refused Registrations

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a refusal to register the mark I AM for various goods based on a likelihood of confusion with registered marks, concluding that the pseudo applicant’s trade moniker was...more

Google May Be A Verb, But Verb Use Alone Does Not Constitute Genericness

by Weintraub Tobin on

Just Google it. Can you Google the score? Have you Googled the restaurant’s reviews? These are all common phrases in today’s internet-reliant society, and it’s entirely due to the creation of Google and its widespread...more

Comic-Con’s Copycat Convention Suit Moves Forward

A jury will decide if the term “Comic-Con” is generic after a federal court judge in California recently denied summary judgment in favor of the trademark holders....more

Positive Developments – EUTM

Trademark owners should take note of two new types of trademark protection available in the European Community as of October 1, 2017....more

Trademark Genericide: How To Protect Your Brand

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully....more

Is It Five O’Clock (or 1700 Hours) Somewhere?

by Winthrop & Weinstine, P.A. on

You’re probably familiar with the song “It’s Five O’Clock Somewhere” by Jimmy Buffet and Alan Jackson. It was the number one country single of the year back in 2003. A few years later, Jimmy Buffet submitted several trademark...more

Beyond Mere Consent: It's All in the Details

Consent agreements - in which a prior U.S. Patent and Trademark Office (USPTO) rights-holder provides consent to registration of a later-filed trademark - can be an efficient path to registration in situations where the...more

Does Explanatory Language on Your Specimen Make a Mark Descriptive?

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision denying registration of the mark FIRST TUESDAY for use in connection with lottery services and games based on...more

The Cheerios Challenge of Registering Color Marks

by McDermott Will & Emery on

The Trademark Trial and Appeal Board (TTAB) delivered a primer on demonstrating the acquired distinctiveness of product packaging or trade dress, including color marks, in refusing registration of a trademark application for...more

Legal Issues Within The Beverage Industry

Jeff Stover, an intellectual property attorney with Haynsworth Sinkler Boyd, recently spoke at BevCon Charleston, a conference solely focused on the beverage industry. While most of us see the fun side of the beverage...more

Is It Too Late For Velcro To Hook The Public On Hook And Loop

by Orrick - IP Landscape on

In an effort to protect itself against genericide—the death of a trademark because the brand name becomes synonymous with the type of product—Velcro’s legal department released a video two weeks ago pleading with the public...more

Recovering Attorneys’ Fees Is Not a Snap

by McDermott Will & Emery on

Addressing an award of attorney’s feeds under the Lanham Act and Second Circuit law, as well as under the Patent Act, the US Court of Appeals for the Federal Circuit vacated and remanded the issue of attorneys’ fees and...more

Not All Buffalos Are Alike: Court Finds No Likelihood Of Consumer Confusion Between Bourbon Bottle And Wine Bottle Trade Dress

by Orrick - IP Landscape on

Findings of Fact and Conclusions of Law, Sazerac Co. Inc. v. Fetzer Vineyards, N.D. Cal. (Sept. 19, 2017) (Judge William Orrick) - Winemaker Fetzer Vineyards recently escaped a trademark infringement lawsuit brought by...more

San Diego Smackdown: Comic Con Trademark Fight Goes First Amendment

by Fox Rothschild LLP on

The stakes just raised in an imminent trial over the validity of the San Diego Comic-Con trademark. What started out as a straightforward trademark dispute has now implicated First Amendment free speech issues....more

MarkIt to Market® | September 2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. Please see full newsletter below for...more

Indonesia Has Joined The Madrid Protocol, Effective January 2, 2018

by Ladas & Parry LLP on

On October 2, 2017, Indonesia acceded to the Madrid Protocol which will enter into force with respect to Indonesia on January 2, 2018, allowing...more

Getting a 3D mark in Vietnam - Overcoming refusals and an industrial design comparative.

by Hogan Lovells on

The National Office of Intellectual Property in Vietnam (“NOIP”) has granted a significant number of trade mark registrations for 3D marks. Recently there are around 1-3 3D marks granted each month, but unfortunately there is...more

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

by Lewitt Hackman on

Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

Delta Airlines Uses RICO Statutes To Enforce Trademark Rights Against Counterfeit Pet Transit

by Reed Smith on

Delta Airlines, Inc. (“Delta”) sued a handful of defendants in Federal court last week over a pet shipment website that appears to be affiliated with the company. Delta is seeking an injunction and damages against John Doe...more

Supreme Court Corner Q3 2017

by DLA Piper on

MATAL V. TAM - Simon Shiao Tam leads a dance-rock band and sought to trademark the band's name: The Slants. The Trademark Trial and Appeal Board (TTAB) upheld the PTO's decision not to register the mark under § 2(a),...more

Reverse confusion actions: how conflicting court standards may affect outcomes

by DLA Piper on

Online and social media marketing make it possible for small startups to broaden their brand exposure, expanding their consumer base without bearing enormous advertising expenditures. For a small company – the first to use a...more

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