On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more
In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on...more
For the full background, see our prior article, Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature? ...more
7/6/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Not every unauthorized use of a trademark is infringing, one such example is when a mark is used as a parody. Generally, parody is an imitation of another done for comic relief or to ridicule....more
In a precedential decision, the Federal Circuit contemplated whether a trademark applicant can establish priority for every good and service in its application by showing priority through tacking for only one of those listed...more
The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more
On May 5, 2022, the Office of Foreign Assets Control of the U.S. Department of the Treasury published General License No. 31, which authorizes certain intellectual property-related transactions in Russia, including the filing...more
On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took...more
On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more
COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more
1/8/2021
/ Copyright ,
Coronavirus/COVID-19 ,
Corporate Branding ,
Countervailing Duties ,
Customs and Border Protection ,
Distributors ,
E-Commerce ,
Gray Market Goods ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Popular ,
Section 337 ,
Supply Chain ,
Tariffs ,
Trademark Infringement ,
Trademarks ,
U.S. Commerce Department
With the technological advancements being developed by artificial intelligence (“AI”), a branch of computer science wherein computers and other machines simulate human intelligence processes, AI will provide an avenue for...more
Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more
7/16/2020
/ Asset Seizure ,
Confidential Information ,
Damages ,
Data Protection ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Foreign Commerce ,
Intellectual Property Protection ,
Interstate Commerce ,
Misappropriation ,
Nexus ,
Pleading Standards ,
Private Right of Action ,
Trade Secrets ,
Whistleblowers
Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more
7/11/2020
/ Actual or Constructive Knowledge ,
Contributory Infringement ,
Copyright Infringement ,
Counterfeiting ,
Digital Marketplace ,
Direct Infringement ,
DMCA ,
Duty of Care ,
E-Commerce ,
EU ,
EU Directive ,
Indirect Infringement ,
Intellectual Property Protection ,
Intermediaries ,
Internet Marketing ,
Internet Service Providers (ISPs) ,
Landlords ,
Lanham Act ,
Liability ,
Popular ,
Trademark Infringement ,
Unfair Competition ,
United States ,
Willful Blindness
In some jurisdictions, the local trademark offices will require an owner to record trademark licenses used by entities other than the registered owner. ...more
On June 15, 2020, the United States Patent and Trademark Office (“USPTO”) announced a new COVID-19 prioritized examination program for trademark and service mark applications relating to goods and services useful for...more
On May 27, 2020, the Mexican Institute of Industrial Property (“IMPI”) extended the suspension of legal terms until the local authorities in each respective office deem the suspension to remain relevant. This decision comes...more
As the world is in the midst of the COVID-19 pandemic, intellectual property owners have expressed concern over the submission of documents to intellectual property offices and the effects the pandemic may have on pending...more
4/6/2020
/ Canadian Intellectual Property Office (CIPO) ,
CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Mexican Patent and Trademark Office (IMPI) ,
Patent Trial and Appeal Board ,
Patents ,
Relief Measures ,
Teleconferences ,
Time Extensions ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO ,
Videoconference
This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more
3/5/2020
/ Amended Rules ,
Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Corporate Branding ,
Decriminalization of Marijuana ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Exports ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Trademark ,
Hemp ,
Hemp Cultivation ,
Imports ,
Intellectual Property Protection ,
Marijuana ,
Marketing ,
Medical Marijuana ,
Member State ,
Mexico ,
Multinationals ,
Recreational Use ,
Trade Restrictions ,
Trademark Registration ,
Trademarks ,
Trademarks Act ,
United States ,
USDA ,
USPTO ,
Warning Labels
On January 15, 2020, the United States and China entered into the Economic and Trade Agreement Between The Government Of The United States Of America And The Government Of The People’s Republic Of China....more
2/4/2020
/ Bad Faith ,
China ,
Counterfeiting ,
E-Commerce ,
Intellectual Property Protection ,
Piracy ,
Technology Transfer Agreements ,
Trade Agreements ,
Trade Policy ,
Trade Secrets ,
Trademark Application ,
Trademarks ,
Trump Administration ,
United States