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

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

Registered Vs. Unregistered Trademarks: What Businesses Need To Know

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more

Hitched On Technical Grounds: TTAB Litigation Insights From Universal Life Church Monastery Storehouse V. American Marriage...

Trademark litigants should heed the cautionary tale in this case – develop your arguments or risk waiving them. The United States Court of Appeals for the Federal Circuit continued its recent scrutiny of the practices of the...more

The Effect Of Spireon In The Trademark Trial And Appeal Board

The legal landscape for trademark owners changed significantly in 2023 because in Spireon v. Flex Ltd, 2023 USPQ2d 737, the Court of Appeals for the Federal Circuit flipped the burden of proof for third-party registration...more

Travis Kelce’s Trademarks Era: A Celebrity Marks Spotlight

Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry is...more

Could Trump Too Small Shrink Free Speech Rights In The Trademark Application Process?

The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration, or whether such a refusal...more

Bulletproof Trademarks: Why Brand Owners Should File A Section 15 Declaration Of Incontestability

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] Trademark litigation can be long and costly. But the Court quickly dismissed...more

Google v. Oracle – Copyright Infringement in Developing Technologies

On April 5, 2021, the United States Supreme Court decided the case of Google, LLC v. Oracle America, Inc. in favor of Google by a 6-2 majority, with Barrett not participating. Oracle owns a copyright in Java, a popular...more

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