News & Analysis as of

Acquired Distinctiveness Brand

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: How to Lose a Mark in 3 Ways – Part 2: Genericide

One of the signs of a healthy trademark is a certain level of distinctiveness. Distinctiveness is related to consumers’ love and recognition of a mark as an indicator of a product’s source, such that consumers trust the mark...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

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

Burr & Forman

Distinctive Trademarks: What Are They, and Why Are They Important to Your Food and Beverage Services?

Burr & Forman on

Think about your favorite pizza restaurant. What sets it apart from the frozen pizza you could pick up from your local grocery store? Is it the cheese-stuffed crust? The quality of the pepperoni?...more

Weintraub Tobin

Corporations Can Own Colors – and They Can Sue You for Using “Their” Color

Weintraub Tobin on

Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many...more

Smart & Biggar

Place names not registrable trademarks in Canada: New case maps out old territory

Smart & Biggar on

Under the Trademarks Act, a trademark that clearly describes (or deceptively misdescribes) where a good or service comes from often cannot be registered. What then does a “place of origin” encompass – a city? a country? a...more

Smart & Biggar

Locust Lane: Can a road name be an enforceable trademark?

Smart & Biggar on

It is a fundamental principle of trademark law that no business should be able to prevent others from using apt language to accurately describe their goods and services. For this reason, clearly descriptive trademarks are...more

Fox Rothschild LLP

Trademark And Brand Protection: Don’t Miss An Opportunity To “Trade Dress” For The Part

Fox Rothschild LLP on

Most businesses are familiar with the concept of trademarking a word, logo, or slogan that serves as a unique identifier of their goods or services. After all, those are the markers that first come to mind when you think...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Have Sense About Scents

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

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