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SCOTUS Rules on "Trump Too Small"—Third Recent Ruling on First Amendment Implications for Lanham Act 

The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

MarkIt to Market® - June 2023

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

Supreme Court Vacates and Remands 10th Circuit's Decision in "Abitron"

The US Supreme Court ruled today in the closely watched Abitron Austria GmbH v. Hetronic International, Inc. case, which considered whether a party could recover in US courts for trademark infringement that occurred outside...more

Supreme Court Ruling in “Bad Spaniels” Case a Relief for Brand Owners

Brand owners are hailing as a win the US Supreme Court’s decision rendered on June 8, 2023, in the closely watched Jack Daniel's Properties Inc. v. VIP Products LLC case. The dispute involved a dog toy made to mimic the Jack...more

MarkIt to Market® - May 2023

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

MarkIt to Market® - June 2020: Breaking News: Booking.com Prevails in Genericness Challenge

The June 30th Supreme Court decision in Booking.com held that generic terms coupled with top-level domain names can be eligible for trademark registration. This decision is a win for brand owners as it reinforces how – in the...more

MarkIt to Market® - June 2020

The June 2020 issue of Sterne Kessler's MarkIt to Market® newsletter leads with breaking news of today's Supreme Court's decision in favor of Booking.com. Other topics discussed include copyright applications covering a...more

MarkIt to Market® - April 2020: Two Takeaways from Romag Fasteners, Inc. v. Fossil, Inc.

On April 23, 2020, Justice Neil Gorsuch delivered a unanimous opinion in Romag Fasteners, Inc. v. Fossil, Inc., clarifying that a Lanham Act provision does not require a plaintiff to prove that acts of infringement are...more

MarkIt to Market® - April 2020

The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

MarkIt to Market® - January 2020

The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics: - The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.; - Six trademark and copyright cases...more

MarkIt to Market® - June 2019

The June 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the implications of blockchain-based names, and discusses negotiation tips for junior users entering into coexistence agreements. It also features...more

MarkIt® to Market - May 2019: The Business of Brands: What Mission Product Holdings Inc. v. Tempnology Tells Us About Trademark...

Much has been made of the Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657 (May 20, 2019), which resolved a long-standing split in the circuits as to whether a bankrupt...more

MarkIt to Market® - May 2019

The May 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses implications for bankrupt trademark owners following the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC.... ...more

MarkIt to Market® - March 2019

The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period. In...more

MarkIt to Market® - February 2019

The February 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for cannabis products, the fate of scandalous and immoral trademark registrations, and lists the new gTLD Sunrise Period. In...more

MarkIt to Market® - July 2018

The July 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how to maintain rights in core trademarks as brands evolve, a reminder regarding importer and exporter liability for shipping counterfeit goods,...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

Top 5 Takeaways for Trademark Owners from the Supreme Court's Hana Financial, Inc. v. Hana Bank Tacking Decision

Many commentators have weighed-in on the Supreme Court's recent Hana Financial decision, which involved two competing HANA-formative marks for financial services, including one that had been modified over the years to couple...more

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

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