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Acquired Distinctiveness Evidence

Fish & Richardson

More Is More: Ensure Your Mark Is Protectable Before You Enforce

Fish & Richardson on

The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more

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

MarkIt to Market® - January 2021: Fading into the Background: Melissa & Doug's Red Oval Mark Unregistrable Without Evidence of...

In a recent non-precedential opinion, the TTAB affirmed a refusal to register Melissa & Doug, LLC’s red oval background mark (the “Proposed Mark”), finding that the acquired distinctiveness factors weighed against a finding...more

Mintz - Trademark & Copyright Viewpoints

Brewery Defeats Trademark Opposition by Conservative Public Figure Phyllis Schlafly

Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products...more

Hogan Lovells

Europe: CJEU / GC roundup – H1 2018

Hogan Lovells on

Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each...more

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