The May 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses two recent precedential TTAB decisions – one regarding disclaimer scope and the other exploring how to successfully claim trademark rights in the...more
Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more
The February 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a landmark decision regarding the Visual Artists Rights Act (VARA), the release of the 2020 International IP Index, Prince Harry and Meghan...more
For many, January 1 marks the beginning of a new year, which is often associated with looking forward. Ironically, some celebrate January 1 by looking backwards, in observance of Public Domain Day. Public Domain Day 2020...more
The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics:
- The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.;
- Six trademark and copyright cases...more
The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more
4/5/2019
/ Appeals ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Intellectual Property Protection ,
Remedies ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act
The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period.
In...more
4/3/2019
/ Cannabidiol (CBD) oil ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Domain Names ,
Farm Bill ,
Federal Trademark Register ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
gTLD ,
Marijuana Cultivation ,
SCOTUS ,
Sunrise Periods ,
Trademark Registration ,
Trademarks
Last month American Airlines, Inc. successfully landed its turbulent pursuit to register its “Flight Symbol” logo with the Copyright Office, after the Copyright Office Review Board (CORB) electively revisited and reversed its...more
2/4/2019
/ Administrative Appeals ,
Administrative Reconsideration ,
American Airlines ,
Application Fees ,
Commercial Use ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Office Review Board (CORB) ,
Copyright Registration ,
Corporate Branding ,
Graphic Designs ,
Intellectual Property Protection ,
Logos ,
Reversal ,
Takedown Notices ,
Trademark Registration
The January 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone Color Institute's 2019 color of the year, pointers on protecting logos through copyright registration, Korea's notable amendments to...more
1/31/2019
/ Color Marks ,
Copyright ,
Copyright Registration ,
Corporate Branding ,
Domain Names ,
gTLD ,
Intellectual Property Protection ,
Korea ,
Logos ,
Sunrise Periods ,
Trademarks
Earlier this month, the Court of Justice of the European Union held that the taste of a food product cannot be classified as a work protectable by copyright.
This decision appears to be in line with U.S. Copyright law,...more
11/30/2018
/ Copyright ,
Corporate Branding ,
Court of Justice of the European Union (CJEU) ,
Design Patent ,
EU ,
Food Marketing ,
Intellectual Property Protection ,
Nonobvious ,
Novelty ,
Trade Dress ,
Trade Secrets
The November 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for food products, the now-scheduled changes to Canadian trademark laws, and the new gTLD Sunrise Periods.
In this...more
Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more
10/3/2018
/ Acquired Distinctiveness ,
Adidas ,
Appeals ,
Design Patent ,
Fashion Branding ,
Fashion Design ,
Inherently Distinctive ,
Intellectual Property Protection ,
Nonfunctionality ,
Preliminary Injunctions ,
Sketchers ,
Trade Dress ,
Trademark Registration ,
Trademarks
The September 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the use of trademark symbols as part of a brand's protection strategy, the use of trade dress to protect product design elements, and the new...more
Two years ago, the U.S. Supreme Court clarified the test for determining when a three dimensional design for a “useful article” is copyrightable, resolving an issue that had divided the federal circuit courts for years....more
The July 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how to maintain rights in core trademarks as brands evolve, a reminder regarding importer and exporter liability for shipping counterfeit goods,...more
8/1/2018
/ Brand ,
Copyright ,
Copyright Infringement ,
Counterfeiting ,
Domain Names ,
Exports ,
gTLD ,
Imports ,
SCOTUS ,
Sunrise Periods ,
Trademarks
The July 2018 issue of Sterne Kessler's The Goods on IP® discusses developments on copyright infringement lawsuit timing, prosecuting consumer product claims that include conjunctive limitations, and an update on membership...more
8/1/2018
/ Canada ,
Claim Construction ,
Consumer Product Companies ,
Copyright ,
Copyright Infringement ,
Design Patent ,
Foreign Patent Applications ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
The Hague System ,
USPTO
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
"In theory, there is no difference between theory and practice. But, in practice, there is.”
Although this quote is attributed as a remark overheard at a computer science conference in Walter J. Savitch’s Pascal: An...more
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
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
The beginning of a new year is often the impetus for change. For companies, this may mean a rebranding initiative involving an update to a company's house mark or logo. In 2015 several companies, including Google, Facebook,...more
2/23/2016
/ Corporate Branding ,
Equivalency Determinations ,
Facebook ,
Goodwill ,
Google ,
IHOP ,
Logos ,
Tacking ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The January issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses best practices for companies seeking to refresh or rebrand in 2016, outlines the top three considerations for companies conducting a...more
The Wall Street Journal recently reported the spike in e-book sales of Alison Waines' two-year-old novel, Girl on a Train. The cause? Apparently, some customers thought they were purchasing The New York Times' best seller...more
The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more