News & Analysis as of

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 -
Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

Dickinson Wright on

“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Nelson Mullins Riley & Scarborough LLP

Dispute Over the Smiths Trademark: "Is It Really So Strange?"

Nelson Mullins Riley & Scarborough LLP on

When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

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A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

Faegre Drinker Biddle & Reath LLP

NO FAKES Here: A New Tool to Protect Against the Misuse of AI?

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What do Scarlett Johansson, Drake, The Weeknd, and Taylor Swift have in common (besides being among this millennial’s fav celebs)? They all have the distinct displeasure of becoming a target of deepfake technology – a type...more

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

Farella Braun + Martel LLP on

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

Kohrman Jackson & Krantz LLP on

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Clark Hill PLC

Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

Clark Hill PLC on

This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

Kaufman & Canoles on

Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

Knobbe Martens on

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Locke Lord LLP

Orange Is the New Black – Cancellation Decisions Confirm Distinction Between Colours and Names of Colours

Locke Lord LLP on

The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World...more

Kerr Russell

Preparing Your Business for Sale

Kerr Russell on

The sale process can be a long, stressful, physically and emotionally draining, and disruptive to ongoing business operations. Planning well in advance of the desired sale date and engaging experienced professional advisors...more

Dorsey & Whitney LLP

Cognac Scores a Win for Certification Marks

Dorsey & Whitney LLP on

Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du...more

Vicente LLP

How to Choose a Trademark for Your Cannabis Brand

Vicente LLP on

Building a strong and distinctive brand identity for your business is crucial for driving sales, fostering consumer loyalty, and standing out in any industry, and more so for emerging and rapidly evolving sectors such as...more

Kohrman Jackson & Krantz LLP

Outkast Sues EDM Group Called “ATLiens” for Trademark Infringement

Kohrman Jackson & Krantz LLP on

Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens”...more

McDermott Will & Emery

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

McDermott Will & Emery on

In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...more

Dunlap Bennett & Ludwig PLLC

A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

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TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more

WilmerHale

PTAB/USPTO Update - September 2024

WilmerHale on

Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community....more

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

MarkIt to Market® – August 2024: Where, What, and How – Trademarks & the Olympic Games (Part 3)

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Part 3: HOW - The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where...more

McDermott Will & Emery

Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’...more

Wolf, Greenfield & Sacks, P.C.

[Event] Navigating the IP Landscape: Implications and Considerations for Start-Up Success - September 19th, Washington, DC

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Join Wolf Greenfield counsel Usha Parker and Ryan Van Olst as they lead a workshop covering intellectual property basics, implications, and considerations for early-stage companies....more

Vinson & Elkins LLP

Trademarks as Assets: Selecting or Changing a Mark in the United States

Vinson & Elkins LLP on

As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark...more

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

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As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

Smart & Biggar

Official marks in Canada: a unique system with notable flaws

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Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private...more

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