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

Sexual Harassment Parody Commercial Held Not To Violate Lanham Act

Section 43(a) of the Lanham Act prohibits false or misleading statements in commerce that are likely to cause confusion as to a person’s affiliation, approval or sponsorship of someone else’s commercial activities. Here’s an...more

McCarthy Institute Trademark Seminar 2017

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed...more

A March to Madness: Can the NCAA Claim Ownership of the Third Month of the Year?

The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more

Probiotics: IP Perspectives on the Microbiome

Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have been increasingly recognized for their...more

Intellectual property: when you don’t know what you have

Does my company have any material intellectual property (IP)? If so, what is it, and how do we protect it? Unfortunately, often businesses cannot correctly answer these questions, failing to recognize valuable IP rights...more

8th Circuit Trademark Year in Review 2016

I recently presented a CLE at the Bar Association of Metropolitan Saint Louis that covered many of the most important trademark cases from 2016 that were decided in the 8th Circuit. Here are some of the key teachings from...more

Frozen Until March 21: The USPTO’s New Evidence Requirements to Clear “Deadwood” From The Federal Trademark Register

President Trump’s deep freeze of regulatory actions has delayed the effective date of new rules issued by the United States Patent and Trademark Office (USPTO) to assess and promote the accuracy of the trademark...more

UPDATE: US Patent & Trademark Office Issues New Trademark Use Rule (Delayed until March 21, 2017)

ALERT UPDATE: The US Patent & Trademark Office (USPTO) planned to implement an auditing program on February 17, 2017, which would introduce new requirements for declarations of use filed pursuant to Sections 8 or 71 of the...more

VCC vs. VCC: Where’s the Confusion?

When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015. In that earlier decision, Vancouver Community College sued a rival...more

Evaluating The USPTO’s Efforts To Clean Up The U.S. Trademark Register

An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services...more

WIPO - France: Domain name used for cyber fraud

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been...more

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

Rare Interlocutory Injunction Issued by Federal Court in Trademark Case

In a significant decision issued last week, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case. ...more

It’s a Grand Old Flag, but Should it Be in Your Ad?

United States Statutes purport to restrict the use made of the American flag. 4 USC § 8 – Respect for Flag - No disrespect should be shown to the flag of the United States of America; the flag should not be dipped...more

IP Basics: Copyrights, Trademarks and Trade Secrets, Oh My!

[This post is part 1 of a 3 part IP Basics Series] When discussing intellectual property (IP) it is sometimes easy to confuse the blurred line between the various species of IP such as copyrights, trademarks and trade...more

L’Élixir De L’Amour: How A 19th Century French Widow Turned Her Trademark Champagne Into A Lifestyle Beverage

Valentine’s Day is upon us yet again. Chances are, you and your sweetheart will find yourselves together in a restaurant on February 14th. Roses may be gifted, chocolate confections may be consumed, and to drink – why,...more

Wawa Not Gaga Over Dawa?

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart called Dawa...more

Key Takeaways: IP 101 for Non-IP Counsel

Kilpatrick Townsend Partner Allisen Pawlenty-Altman and Associate Kate Gaudry Ph.D. recently participated in an interactive panel — “Technology and IP Forum: IP 101 for Non-IP Counsel” — presented by the National Capital...more

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

US Patent & Trademark Office Issues New Trademark Use Rule

On January 19, 2017 the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register introducing new requirements for declarations of use in commerce filed pursuant to Sections 8 and 71 of the...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Trademarks, Trade Names Not Protected by Bankruptcy Law, but Licensee Rights Prevail

Addressing a circuit split over a trademark licensee’s rights following a debtor/licensor’s bankruptcy, the US Bankruptcy Appellate Panel (BAP) for the First Circuit held that, although trademarks and trade names are not...more

Plain Packaging and Warning Labels—While the WTO is Examining the Legality of Packaging and Labeling Requirements that Prohibit...

There have been several pieces of research recently calling for the use of plain packaging and graphic health warnings, similar to those used on tobacco products, on soft drinks and alcoholic beverages as a means of...more

No Family!Family! of Marks for Little Caesars

The Trademark Trial and Appeal Board (TTAB) explained that an applicant’s evidence of a family of marks can be used to help prove acquired distinctiveness for a new member of that family, but held that the applicant failed to...more

Federal Circuit Instructs TTAB to Revisit Software Services as Evidence of Use

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit reviewed the issue of trademark use in commerce and, more specifically, the extent to which certain services can be...more

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