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MarkIt to Market® - April 2018

The April 2018 issue of Sterne Kessler's MarkIt to Market® discusses the application of aesthetic functionality to design patents and lists the new gTLD Sunrise periods. Please see full Newsletter below for more...more

True Use or True Lies?

Earlier this month the PTO announced the inception of its Trademark Specimen Protest Email Pilot Program; as the name suggests, the program encourages the public to report any specimens that do not appear to exhibit marks as...more

MarkIt to Market® - March 2018

The March 2018 issue of Sterne Kessler's MarkIt to Market® discusses the impact of Brexit on trademarks, the inception of the PTO's Trademark Specimen Protest Email Pilot Program, and lists the new gTLD Sunrise...more

When "Made in the USA" Means . . . Something Different

As most manufacturers are aware, the Federal Trade Commission sets the rules for the Made in the USA designator. The current FTC standard requires that “all or virtually all” of all significant parts and processing that go...more

Changes to Canadian Trademark Law, Eh?

Those of us with clients who do business in Canada have been watching with interest as Canada prepares to implement significant changes to its trademark laws. The new Trademarks Act (no more Trade-hyphen- marks!) was enacted...more

MarkIt to Market® - February 2018

The February 2018 issue of Sterne Kessler's MarkIt to Market® discusses changes to Canadian trademark law, Federal Trade Commission versus California state rules for the "Made in the USA" designator, and lists the new gTLD...more

Be Like Grumpy Cat

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

MarkIt to Market® - January 2018

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

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

MarkIt to Market® - December 2017

The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods. Please see full Newsletter below for more...more

Pitfalls of Holiday Specific Branding

The holiday season in the United States starts around Halloween and extends for a two-month period until the beginning of January. The holiday marathon sparks a flurry of purchasing events – such as booking airline tickets,...more

MarkIt to Market® - November 2017

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

New DMCA Regulations - January 1, 2018

As of January 1, 2018, the U.S. Copyright Office will implement new regulations that will impact online service providers – even those that have already registered an agent. ...more

Sad Tale of a Trademark Fail

Earlier this month, Unilever made headlines by accidently naming its new soap after Kim Jong Un. The shower gel line, created by a Korean designer and aimed at urban millennials in China, is called KJU....more

MarkIt to Market® - October 2017

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. Please see full Newsletter below...more

Positive Developments – EUTM

Trademark owners should take note of two new types of trademark protection available in the European Community as of October 1, 2017....more

Beyond Mere Consent: It's All in the Details

Consent agreements - in which a prior U.S. Patent and Trademark Office (USPTO) rights-holder provides consent to registration of a later-filed trademark - can be an efficient path to registration in situations where the...more

MarkIt to Market® | September 2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. Please see full newsletter below for...more

MarkIt to Market® - August 2017

The August 2017 issue of Sterne Kessler's MarkIt to Market® discusses lessons for trademark owners about genericide, lists the new gTLD Sunrise periods, and upcoming speaking engagements. Please see full Newsletter below...more

Summer's Here, Don't Get Burned!

In May of 2014, this newsletter discussed the prevalence of trademark and domain name scams, and offered tips on how to avoid being duped by fake service offerings (see "Scammers Still Be Scamming" here). Unfortunately,...more

MarkIt to Market® - July 2017

The July 2017 issue of Sterne Kessler's MarkIt to Market® discusses trademark and domain name scams and lists the new gTLD Sunrise periods. Please see full Newsletter below for more information....more

You Are Suspended...Now What? Four Strategies for Dealing with Trademark Office Suspensions

It’s happened to the best of us -- the United States Patent and Trademark Office ("PTO") suspends action on an application based on a potential likelihood of confusion with a prior filed/pending application, essentially...more

Bring on the Bad Word Brands? What the Supreme Court's Decision in Matal v. Tam Means for Trademark Owners

The Supreme Court’s June 19, 2017 decision in the Matal v. Tam case has been burning-up the news wires all week. The decision struck down a 70-year-old ban on federally registering disparaging trademarks, finding that the...more

MarkIt to Market® | June 2017

The June 2017 issue of Sterne Kessler's MarkIt to Market® discusses bad word brands, strategies for dealing with trademark office suspensions, and lists the new gTLD Sunrise periods. Please see full Newsletter below for...more

MarkIt to Market® | May 2017

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. Please see full Newsletter...more

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