(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)
The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink
The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink (Podcast)
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
3 Key Takeaways | Corporate Perspectives on Intellectual Property
The Briefing by the IP Law Blog: The Strength of a Trademark (Archive) Podcast
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
What is sufficient originality for copyright? What is substantial similarity for copyright infringement? The latest artificial intelligence and intellectual property cases – authors lost contributory
3 Key Takeaways | New York State Bar Association IP Section Annual Meeting
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you may have even seen enlarged...more
Sushi Nozawa, LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” IP Attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including...more
Last Friday, the U.S. Supreme Court granted the USPTO’s writ of certiorari to review traveling website company Booking.com’s trademark application for “booking.com”. The TMCA previously covered developments in this case here....more
The US Court of Appeals for the First Circuit found that it had jurisdiction despite an arguably improper notice of appeal, and that the trademark owner waived its right to submit new evidence and failed to prove that the...more
One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more
Addressing the issue of collateral estoppel, the US Court of Appeals for the Eighth Circuit upheld a ruling dismissing a trademark owner’s second infringement lawsuit against the same defendant after a finding that the...more
From big name brawls, to new legislation, to the year of inter partes review, 2018 was a hallmark year for intellectual property law. With so many interesting and informative updates, 2018 has set the bar high for 2019. Let’s...more
The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision that the SCHLAFLY mark had acquired secondary meaning and met the requirements for registration. Bruce S. Schlafly...more
Addressing issues relating to validity of registered and common law trademarks, the US Court of Appeals for the Eighth Circuit upheld a jury verdict finding infringement of two registered marks and reversed a verdict finding...more
Addressing core issues of trademark law, including evidentiary presumptions afforded to registered trademarks and considerations in determining whether trademarks have acquired secondary meaning, the US Court of Appeals for...more
Federal Circuit Summary - Before Newman, Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: Words that are primarily a surname can be registered as trademarks if they have acquired secondary...more
On October 30, 2018, a divided Federal Circuit issued a decision in Converse, Inc. v. ITC, whereby it created a new test for secondary meaning and placed limits on trade dress infringement. The Federal Circuit found...more
As explained in a recent Jones Day Commentary, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement. Converse v. ITC, No. 16-2497 (Fed. Cir. Oct. 30, 2018). First, the Federal...more
• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...more
Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more
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
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
With some cases, you just shake your head. In this case, a restaurant purveyor thought it would be okay to open a restaurant by the name of the “Krusty Krab.” For those of you who have no reason to have been watching...more
In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more
In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. ...more
Applicant’s Claim of Secondary Meaning in MINIMELTS Melts Down Before the Board - Mini Melts opposed Reckitt’s intent-to-use applications for “MINI-MELTS” and “MINIMELTS,” alleging a likelihood of confusion with its own...more