Companies that attest to the quality of products or services under a “certification mark” – a type of trademark used to show consumers that particular goods or services (or their providers) have met certain standards – are...more
January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more
As a counterpoint to our article last month regarding a copyright infringement and breach of contract lawsuit filed against Target over a computer font program, we provide a brief overview of the options for protecting the IP...more
The November 2017 issue of Sterne Kessler's MarkIt to Market® discusses another Ugg trademark dispute, pitfalls of holiday specific branding, "types" of protection for font and typeface designs, and lists the new gTLD Sunrise...more
One may not typically think of font programs, or their underlying typefaces, as protected intellectual property -- but a recent suit involving retail giant Target should prompt companies to pay closer attention to their...more
The October 2017 issue of Sterne Kessler's MarkIt to Market® discusses trademark fails, proper use of licensed font programs, new DMCA regulations, and lists the new gTLD Sunrise periods.
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Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more
The May 2017 issue of Sterne Kessler's MarkIt to Market® discusses social media influencers' disclosure of material connections, business transfer clauses, and lists the new gTLD Sunrise periods.
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6/8/2017
/ Advertising ,
Business Transfer Agreements ,
Customer Information ,
Disclosure Requirements ,
Domain Names ,
Endorsements ,
Federal Trade Commission (FTC) ,
gTLD ,
Influencers ,
Social Media ,
Sponsors ,
Sunrise Periods ,
Trademarks
Barr. Aldecoa. Hechter. Adlon. Kepler. Butterfields. What do these words have in common, you may ask? They were all recently found to be "primarily merely a surname," and refused registration by the Trademark Trial and Appeal...more
The January 2017 issue of Sterne Kessler's MarkIt to Market® includes an overview of the TTAB's recent surname decisions, the changes made by the USPTO to their trademark processing and services fees, and lists the new gTLD...more
After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more
12/6/2016
/ Administrative Proceedings ,
Discovery ,
Evidence ,
Expert Testimony ,
Legal Filings ,
Rules of Practice ,
Service of Process ,
Testimony ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transcripts
The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more
For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more
11/3/2016
/ Denial of Certiorari ,
Disparagement ,
Football ,
Lanham Act ,
Lee v Tam ,
Native American Issues ,
Popular ,
Redskins ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more
11/2/2016
/ Appeals ,
Disparagement ,
Domain Names ,
Federal Trademark Register ,
gTLD ,
Lanham Act ,
Petition for Writ of Certiorari ,
Redskins ,
Sunrise Periods ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
When members of Team USA walked into the 2016 Olympic Opening Ceremony wearing uniforms embroidered with the letters "USA," the uniforms did more than just designate the team members' identity as representatives of the USA....more
The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities.
...more
9/2/2016
/ Advertising ,
Brand ,
Domain Names ,
Federal Trade Commission (FTC) ,
gTLD ,
ICANN ,
Made in the USA ,
Marketing ,
Olympics ,
Product Labels ,
Sunrise Periods ,
Textiles ,
Trademarks ,
Uniforms