JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
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
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
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
United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more
The Federal Circuit in In re JC Hospitality LLC recently affirmed the United States Patent and Trademark Office, Trademark Trial and Appeal Board’s refusal to register the service mark THE JOINT for a venue offering...more
Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. The following includes important,...more
On May 15, 2018, the United States Patent and Trademark Office officially registered the distinctive smell of Play-Doh, a favorite childhood toy for many. The federal registration covers “Toy modeling compounds” and states...more
Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more
Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more