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
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
In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more
8/2/2023
/ Advertising ,
Brand ,
Buyers ,
Consumers ,
Counterfeiting ,
Data Collection ,
Disclosure Requirements ,
Enforcement ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Intellectual Property Protection ,
Internet Retailers ,
Marketing ,
New Legislation ,
Online Marketplace ,
Sellers ,
Third-Party ,
Trademark Ownership ,
Trademarks ,
Transparency
Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more
8/1/2023
/ Acquired Distinctiveness ,
Advertising ,
Brand ,
Consumer Protection Laws ,
Corporate Branding ,
Counterfeiting ,
Data Collection ,
Disclosure ,
Federal Trade Commission (FTC) ,
Generic Marks ,
Genericide ,
Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Listing Rules ,
Marketing ,
Online Marketplace ,
Reporting Requirements ,
Sellers ,
Third-Party ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
6/30/2023
/ Abandonment ,
Abitron Austria GmbH v Hetronic International Inc ,
Advertising ,
Dilution ,
First Amendment ,
Foreign Corporations ,
Foreign Jurisdictions ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Marketing ,
Parody ,
Remand ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks ,
USPTO ,
Vacated
Legal, sport, and popular press let out a collective chortle upon learning that The Ohio State University had filed a federal trademark application for the mark THE. Some debated whether the University would be successful in...more
It is hard to find something positive to say about counterfeiting. It costs businesses billions of dollars in lost sales and eroded goodwill every year. It poses a real threat to consumer health and safety. And it funds...more
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
2/17/2018
/ Contract Terms ,
Copyright ,
Copyright Infringement ,
Damages ,
Intellectual Property Protection ,
IP License ,
Marketing ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
YouTube
In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...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 holiday season is in full swing, which means brand owners and merchants are seizing the opportunity to capture cyber market share via social media campaigns.
While social media can be a great way to quickly...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
The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more
Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more
The 2013 Trademark Report by Thomson Compumark provides an overview of trademark activity across 186 countries, including the most active product and services Classes and a revealing by-market breakdown that examines filing...more