Trademarks, Brand, Trade Dress

Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

Baker Donelson on 6/19/2024

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more

Supreme Court to Hear the “Bad Spaniels” Case

Sunstein LLP on 12/14/2022

On November 21, 2022, the United States Supreme Court granted a petition for certiorari in Jack Daniel’s Properties, Inc., v. VIP Products LLC. The case is an appeal of a Ninth Circuit decision which held, among other things,...more

Naked Licensing: That’s Your Name, So Don’t Wear It Out

DarrowEverett LLP on 10/10/2022

From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider...more

Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual...

Venable LLP on 10/4/2022

As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change...more

MarkIt to Market® - January 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/28/2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

Miller Nash LLP on 11/1/2021

Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/31/2021

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

MarkIt to Market® - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/30/2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

Sheppard Mullin Richter & Hampton LLP on 6/9/2021

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

MarkIt to Market® - January 2021: It's a Two-fer: Pantone's Color(s) of the Year for 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/3/2021

For over 20 years, Pantone’s Color of the Year has influenced consumer tastes and product design in industries where aesthetics matter. Last month, the Pantone Color Institute continued its tradition by naming not one, but...more

Trademark And Brand Protection: Don’t Miss An Opportunity To “Trade Dress” For The Part

Fox Rothschild LLP on 12/8/2020

Most businesses are familiar with the concept of trademarking a word, logo, or slogan that serves as a unique identifier of their goods or services. After all, those are the markers that first come to mind when you think...more

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

McCarter & English, LLP on 9/14/2020

The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

Ninth Circuit Holds “Bad Spaniels” Dog Toy Is an “Expressive Work”

Snell & Wilmer on 4/13/2020

The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy is an expressive work entitled to First Amendment protection. The court vacated the United...more

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on 8/25/2019

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

Foley & Lardner LLP on 2/15/2019

Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more

Being your Best Brand: A Lesson from the Luxury Market

Womble Bond Dickinson on 11/29/2017

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on 9/29/2017

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Wine And Spirits Are not Always Confusingly Similar

Weintraub Tobin on 9/28/2017

Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise...more

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

Bennett Jones LLP on 6/23/2017

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

The Top Hits: Fashion Cases with a Big Impact

Knobbe Martens on 6/9/2017

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

A Multi-Layered Approach to Packaging Protection

Ladas & Parry LLP on 5/16/2017

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Choosing a Trademark

Eversheds Sutherland (US) LLP on 9/2/2014

Two-Fold Purpose of Trademarks - Customers know a business and its goods and services by its trademarks. Trademarks are source identifiers that indicate the origin of goods or services in the marketplace and...more

IP Protection: What Are Trademarks, Service Marks And Logos?

Carlton Fields on 10/16/2013

A trademark (one word) is the identity you give your products. A service mark (two words—don’t know why, just the way it is) is the identity you give your services. Originally Published on I-Sight.com - October 15,...more

Trademarks › Brand › Trade Dress

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