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 -
News & Analysis as of

Brexit update: impact on trademarks and designs

Although some time has passed since the UK's vote to leave the EU, the full implications of Brexit for trademarks and designs remain unclear. Statements made by EU and UK officials have not changed that position, nor did...more

USPTO launches new proof of use audit program

The United States Patent and Trademark Office (USPTO) has launched a new program that will require some trademark owners to submit more “specimens” (i.e., proof of use) and information than was required in the past. As a...more

To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and...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

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Intellectual Property Ownership: when you don’t know what you DON’T have (Part I)

In our last communication entitled “Intellectual Property: when you don’t know what you have,” we explored how businesses often fail to recognize valuable IP rights they own, and therefore, fail to appropriately protect those...more

Keeping Up with the Kardashians’ Attempt to Compel Trademark Arbitration

In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by...more

Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs...more

Alibaba Says “Close Sesame”: C.D. Cal. Finds No Liability When “Online” Mall Provides a Search Engine Allowing Consumers to Search...

TAKEAWAY - Courts continue to show reluctance to permit trademark claims to hamper the sale of products via the Internet absent concrete evidence of actual confusion, especially if the website offers trademark owners an...more

Alert: Trademark Owners Beware: The U.S. Trademark Office Has A New Audit Program

If your company has trademarks that are registered with the U.S. Patent and Trademark Office (PTO), a new audit program can put your registrations at risk if you are not careful....more

Application Partially Voided Where Defendant Lacked Bona Fide Intent to Use Mark

Addressing whether a trademark applicant must have a bona fide intent to use the mark in commerce with respect to all of the goods and/or services listed in the application, the US Court of Appeals for the Sixth Circuit...more

M&S Lawyer Hank Abromson Discusses the Difference Between Trade Name and Trademark [Video]

The difference between a trade name and a trademark can be confusing. In some cases a trade name can function as a trademark, but they are not synonymous terms. In this video, Miles & Stockbridge lawyer Henry "Hank" Abromson...more

Navigating the Lifecycle of an Eponymous Brand (Part 1)

In Steven Covey's book, 7 Habits of Highly Effective People, he espouses the idea that "all things are created twice … a mental (first) creation, and a physical (second) creation" (see link here). This idea applies aptly to...more

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337...more

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more

TTAB Serves It Straight Up: TEQUILA Is Not Generic

Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila”...more

"Swiss" certification mark opposition - Hong Kong court finds actual use likely to confuse

Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark....more

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time....more

MarkIt to Market® | February 2017

The February 2017 issue of Sterne Kessler's MarkIt to Market® discusses navigating the lifecyle of an eponymous brand and lists the new gTLD Sunrise periods. Please see full newsletter below for more information....more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

Judicial interpretation governing administrative trademark appeals effective on March 1

On January 10, 2017, the Supreme People's Court of China (the SPC) promulgated a judicial interpretation concerning trademarks, entitled the SPC Provisions on Certain Issues Related to Trials of Administrative Cases Involving...more

The State of Domain Names

The World Intellectual Property Office (WIPO) has released its 2016 Uniform Dispute Resolution Proceedings (UDRP) statistics. The overall number of new cases increased by 10 percent over the previous year. WIPO indicates...more

What You Need to Know About "Unofficial" Solicitations of Advertisements, Registration and Customs Recordals

An increasing number of our clients have received letters from companies that appear to be government agencies with names such as "U.S. Trademark Registry," "U.S. Trademark Registration Office" and "Registration & Monitoring...more

Is Marilyn Monroe Too Generic to Be Registered as a Trademark?

I’ve written on numerous occasions in the past about celebrities who registered their own names as trademarks with the United States Patent and Trademark Office. Just the other week, I wrote about how UFC superstar Conor...more

Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules...

CASE SUMMARY - Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an...more

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