Latest Publications

Share:

Champagne Wishes and Caviar Dreams – Can Two CAVIAR Marks for Jewelry Coexist?

A Boston-based jewelry company, with a storefront steps away from Seyfarth’s Boston offices, is at the center of a trademark dispute that is all too familiar. In Lagos, Inc. v. Coastal Caviar, LLC, Case No. 2:26‑cv‑00447...more

Xzibit A to the Trademark Agreement – Cannabis Trademarks Assigned in Cloud of Smoke, Says Rapper’s Ex-Wife

Alvin Joiner, better known by his stage name Xzibit, is a rapper, actor, and record executive. He is also the face behind a cannabis brand called BRASS KNUCKLES, which is currently owned by a company called Hero Brands, Inc....more

Is Slim Being Shady? Eminem’s Recent Trademark Activities

Eminem’s recent trademark activities raise a question. Is Slim being shady in attempting to enforce his trademark rights, or is he duly protecting his brands? Protecting one’s trademarks isn’t just for big businesses, online...more

Say Thank You with Chocolate: MERCI and DANKE Not Confusingly Similar, Says the TTAB

Merci, Danke, and Thank You—different in linguistic origin, yet all express gratitude. Now that we are in the holiday season, you may want to convey appreciation to someone by expressing thanks or giving a gift, perhaps...more

Boston Strong and Trademark Rights – Why You Can’t Own a City’s Motto

The phrase “Boston Strong” became a rallying cry for the strength and support Bostonians displayed after an act of terrorism.  In 2013, two brothers planted bombs near the finish line of the Boston Marathon in Copley...more

Don’t Cry Over Spilled Lafufus – Why Recording Your IP with Customs Matters

You’ve heard the name Labubu and have likely seen the wildly popular collectible plush toy. The craze around these dolls is reminiscent of times past when we (or perhaps a family member) all wanted Beanie Babies, Cabbage...more

Beats Me – Intellectual Property Protection for Drum Parts

I was driving to work with the music on shuffle. The next song came on and from the drums alone, I knew what it was — First Date by Blink-182. As a drummer and pop-punk aficionado, the snare drum and crash cymbal on all...more

Jetflicks and the Rise of Criminal Copyright Enforcement in the Streaming Era

With countless parties offering streaming based services, the boundaries between legal and illegal content distribution have become increasingly blurred. One case that brought this issue into focus is United States v....more

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of...more

Know the Rules or Get Burned: TTAB Smolders Oppositions for Failure to Prosecute

In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The...more

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case

Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. ...more

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v....more

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more

What’s in a (Band) Name? Why Bands Need Trademark Registrations

We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got...more

Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations

Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live...more

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more

A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more

Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more

Is That Really Appealing? – 2023 Affirmance Rates of the TTAB

The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide