NFL quarterbacks are known for going head to head on the gridiron, but two of the NFL’s top QB’s are now squaring off in the trademark arena. Earlier this month, Lamar Jackson filed two oppositions against FL101, a company...more
Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s...more
5/1/2024
/ Abandonment ,
Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Parent-Child Patent Applications ,
Trademark Application ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB...more
5/1/2024
/ Abandonment ,
Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Parent-Child Patent Applications ,
Trademark Application ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
2024 has started off strong for Dwayne "The Rock" Johnson, as he recently joined the board of TKO Ground, the company behind WWE and UFC, and acquired WWE’s trademark rights in his “THE ROCK” nickname....more
Thank you for reading the January 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Dwayne "The Rock" Johnson's recent trademark acquisition and the importance of understanding those...more
With three games on Thanksgiving Day and another on Black Friday, the NFL was likely a predominant discussion point in many households this past holiday weekend. However, these discussions were probably focused on the actual...more
12/1/2023
/ Anti-Piracy ,
Counterfeiting ,
DMCA ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
NBA ,
NFL ,
Sports ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
UFC ,
USPTO
Thank you for reading the November 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's recently published alert reminding filers and practitioners of its Code of Conduct when...more
11/30/2023
/ Anti-Piracy ,
Appropriate Business Decorum ,
Code of Conduct ,
Counterfeiting ,
Courtesy Policy ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legal Ethics ,
Marketing ,
NFL ,
Professional Misconduct ,
Sports ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more
9/29/2023
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
FTC Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Regulatory Agenda ,
Section 5 ,
Sellers ,
Social Media ,
Unfair or Deceptive Trade Practices
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more
9/29/2023
/ Advertising ,
Celebrity Endorsements ,
Design Patent ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
FTC Guidelines ,
Graphic Designs ,
Graphical User Interface ,
Influencers ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP Portfolio ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Patent Applications ,
Patents ,
Policies and Procedures ,
Regulatory Agenda ,
Section 5 ,
Sellers ,
Social Media ,
Software Patents ,
Trade Dress ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair or Deceptive Trade Practices
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more
6/1/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Controlled Substances Act ,
Copyright ,
Drug Paraphernalia ,
Functionality ,
Generic Marks ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
The Copyright Act ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use ,
USPTO
Taco Bell’s recent efforts to liberate the phrase “Taco Tuesday” presents an opportunity to review the distinctions between marks that are generic and those that fail to function as a trademark....more
Thank you for reading the March 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a false advertising class action lawsuit against restaurant chain Buffalo Wild Wings.
In this issue:
-...more
3/29/2023
/ Class Action ,
Dismissal With Prejudice ,
Dismissals ,
False Advertising ,
Jurisdiction ,
Likelihood of Harm ,
Marketing ,
Misleading Statements ,
Red Bull ,
Restaurant Industry ,
Unfair or Deceptive Trade Practices
While college basketball fans have been rushing to sports bars to eat wings and watch their teams make a run for the championship, one sports bar has been facing a class action lawsuit over its marketing of its chicken...more
3/29/2023
/ Class Action ,
Dismissal With Prejudice ,
Dismissals ,
False Advertising ,
Jurisdiction ,
Likelihood of Harm ,
Marketing ,
Misleading Impressions ,
Red Bull ,
Restaurant Industry ,
Unfair or Deceptive Trade Practices
In a recent precedential1 opinion, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds...more
Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks.
We also highlight recent...more