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When is Rebranding a $4 Billion Mistake? Time Will Tell With Twitter’s Decline

The small blue bird adorning nearly every company’s social media section. The verbiage “tweet” and “retweet” working their way into the fabric of modern language. The creation of character-limited, short-form posts as a new...more

When is Swiss chocolate Swiss enough? Toblerone Chocolate Recently Found Out, and it Didn’t Make the Cut.

The crinkle sound of the gold foil. The rich smell of honey and almond. The unique design of peaks and valleys. And the delicious taste of Swiss chocolate. There is little doubt that since its creation in 1908,...more

Blood May be Thicker than Water, but is it Thicker than Federal Trademark Rights? One Family’s Relationship Tested at the USPTO

​​​​​​​Slovenian-born Luka Doncic became a professional basketball player at the young age of sixteen years old and the towering height of 6’7”. He quickly made a name for himself, leading his Spanish team Real Madrid to the...more

Peppa Pig: Intellectual Property Infringement as a Form of Retaliatory Sanction

To end the harm following Russia’s invasion of Ukraine on February 24, 2022, numerous forms of sanctions were imposed against the Russian government and economy. Many Western governments limited access to financial systems,...more

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

The Rook vs. Deschain: Superficial Similarities or Superhero Copycat?

In the 1970s, William DuBay created the comic book character, Restin Dane, also known by his superhero alter ego, “The Rook.” Dane, a wealthy scientist and inventor residing in an Arizona house shaped like a rook chess piece,...more

Infringers Beware! .Com gTLDs Now Supported by Trademark Clearinghouse

In the ever-raging battle against trademark infringers gobbling up domain names for squatting purposes, trademark owners received a new tool in their arsenal, thanks to a recent update with the Ongoing Notification Service of...more

Live Long and Mashup: Seussian-Style Universe Deemed Acceptable Fair Use

In June of 2017, channeling the Seussian musings of the case at hand, we first introduced you to the Southern District of California case, Seuss Enters., L.P. v. Comicmix LLC, 372 F. Supp. 3d 1101 (S.D. Cal. 2019), which...more

Hip-Hop Artist Drake Fairly Used Anti-Hip Hop Song Sample

In an apparent win for musicians seeking to sample other’s works, on February 3, 2020, the Second Circuit declined to revive a copyright lawsuit against hip-hop musician Drake for his sampling of a 1980s spoken-word jazz...more

Trademark Practice Tip: Make Extra Sure Your Cover Sheet Is Complete When Opposing a Madrid Protocol Application

Late last year, in a decision that bears continued attention, the Trademark Trial and Appeal Board held that oppositions to Madrid Protocol applications filed under Section 66(a) are limited to the grounds set forth in the...more

Champagne for the New Year – Trademark or Geographic Indicator?

Did you celebrate with a sip of Champagne on New Year’s Eve? Champagne is not just a sparkly beverage consumed around the world, it also refers to the region in northeastern France where the drink originated....more

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