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SCOTUS Holds Whiskey-Themed Dog Toy Not Entitled to First Amendment Protection

In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

Brand Protection and Enforcement Considerations for Trademark Owners in the Metaverse

In Short - The Situation: The metaverse provides new commercial opportunities for businesses to reach consumers and creates new challenges for protecting and enforcing brands in a virtual environment....more

New Year, New Trademark Proceedings

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more

JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law [Audio]

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more

Takeaways from Trademark Law in 2020 and Looking Ahead to 2021

In this White Paper, we share observations on 2020's most significant developments in trademark law. This year, the U.S. Supreme Court penned three opinions concerning what constitutes a protectable trademark, available...more

U.S. Trademark Modernization Act of 2020 Signed Into Law

The Situation: Changes to the Trademark Act were called for due to a Circuit split regarding the standard for injunctive relief in trademark infringement cases and an increase in fraudulent trademark applications and...more

The Sum Is Greater Than Its Parts: U.S. Supreme Court Holds Booking.com Is a Protectable Trademark

A generic.com term may be eligible for trademark protection if consumers perceive the term as a source identifier. The combination of a generic word plus ".com" does not necessarily equal a generic term. Instead, in an 8–1...more

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test - The Court rules in favor of...

In a unanimous opinion, the U.S. Supreme Court ruled in favor of jeans manufacturer, Lucky Brand Dungarees, Inc. ("Lucky"), in its protracted trademark battle with Marcel Fashions Group, Inc. ("Marcel"), holding that Lucky...more

Supreme Court Resolves Split as to Whether Willfulness Is Required for Disgorgement of Profits in Trademark Infringement Cases

The U.S. Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., Case No. 18-1233, that a plaintiff in a trademark infringement suit is not required to show willfulness to recover a defendant's profits...more

E-File or You'll Have to Refile: Trademark Filings Gone Digital - New USPTO rules make electronic filing mandatory and update...

Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO")...more

U.S. Supreme Court: "All the Expenses" Does Not Include Attorney’s Fees - In Peter v. Nantkwest, Inc., the Supreme Court...

The U.S. Supreme Court's recent 9-0 decision in Peter v. NantKwest, Inc., Case No. 18-801, informs strategic cost considerations in appeals challenging adverse decisions issued by the United States Patent and Trademark Office...more

Jones Day Talks: Women in IP—Reviewing a "Scandalous Matter" at the Supreme Court [Audio]

The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot...more

Immoral and Scandalous Trademarks Are Registrable

Supreme Court rules that the Lanham Act's statutory bar against registering immoral or scandalous marks violates the First Amendment. On June 24, 2019, in Iancu v. Brunetti, 588 U.S. __ (2019), the U.S. Supreme Court...more

The Price of Success: Fourth Circuit Affirms PTO Award

A party appealing a PTO decision must pay the PT0's expenses regardless of the applicant's success. Booking.com successfully challenged the United States Patent and Trademark Office's ("PTO") refusal to register its mark...more

Sole Survivor: Federal Circuit Rejects ITC Determination that Converse Trade Dress Is Invalid

The Situation: In 2014, Converse filed a complaint with the International Trade Commission ("ITC"), alleging that numerous shoe manufacturers and retailers infringed the trade dress of its signature Chuck Taylor® All Star®...more

Fear No Fees: No Payment of PTO Attorneys' Fees for District Court Patent Review

This decision should be a welcome development for patent applicants seeking review. On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794...more

ZEROing In On Genericness: Federal Circuit Vacates Decision Finding ZERO Registrable

The Decision: The Federal Circuit vacated the Trademark Trial and Appeal Board's determination that "ZERO" is not generic and has acquired distinctiveness, and remanded. The Reasoning: The Board erroneously framed the...more

Three Stripes? No—Ninth Circuit Rules on Evidence to Establish Irreparable Harm

In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc. The ruling...more

How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable

Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti...more

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

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