News & Analysis as of

Brand Retail Market Intellectual Property Protection

Mandelbaum Barrett PC

Touchdown on IP: The Legal Playbook for Upcycling in Fashion

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According to Forbes Magazine, a majority of younger generations (59 percent of Generation Z and 57 percent of Millennials) are buying upcycled products. This growing trend has transformed the fashion industry, blending...more

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

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

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

MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies...

October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Burr & Forman

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

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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

Stinson LLP

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

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In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines...more

Quarles & Brady LLP

A Trademark Guide to the Metaverse for Averse Brand Owners

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Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common....more

Saul Ewing LLP

Anti-Counterfeiting and Brand Protection Strategies for the Post-COVID-19 World

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Counterfeiting is seldom discussed in popular culture, but as a crime it is one of the most lucrative, eclipsing even the drug trade. In 2017, counterfeiting was responsible for almost $1 trillion in illegal sales....more

Procopio, Cory, Hargreaves & Savitch LLP

Protecting Your Online Brand on Amazon

In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and...more

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

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Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

Fitch, Even, Tabin & Flannery LLP

Toy Meets World: IP Strategies for the Toy Industry

When it comes to patents, toys typically are not top of mind like a mobile device or pharmaceutical product might be. Although a toy may appear simple, the product itself can be iconic and lucrative. But, as in most...more

Seyfarth Shaw LLP

Brand Protection for Illinois’ Budding Cannabis Industry

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On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more

BCLP

Loss of brand risk in branded residence projects

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Branded residence buyers, having paid a substantial premium for their association with the luxury brand, are at greater risk than they may think of the brand going away through no fault of their own. Purchasers of branded...more

Ladas & Parry LLP

What Qualifies As Acceptable Use In U.S. Commerce? (UPDATED)

Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. ...more

K2 Integrity

Staying a Step Ahead: Protecting Your Brand and IP from Counterfeiters

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Brand owners are keenly aware of how quickly counterfeiters can adapt their tactics to continue their illicit business of selling fake goods. Perhaps one of the biggest impacts on counterfeiting in the last decade is the...more

Goulston & Storrs PC

Stay in the Know: Recent Developments in Trademark Law

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Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

Hogan Lovells

Germany: Trademark exhaustion not overcome by unusual resale packaging – beauty for less

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In its case “beauty for less”, for which the judgement was released earlier this year, the Federal Supreme Court (FSC) ruled that a trademark owner cannot oppose resale advertising with the argument that the advertising is...more

Goulston & Storrs PC

Second Chances – Embattled Retailers Look to the Next Chapter for Their Brands

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What’s old is new again. The intellectual property of legacy brick-and-mortar retailers is increasingly being repurposed for decidedly modern ventures. Although the fate of Toys "R" Us, Inc. has captured the most media...more

Goulston & Storrs PC

Year-End Trademark Audits Ensure Complete Brand Protection

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With the end of the year approaching and the holiday shopping season in full swing, now is an ideal time for brand owners to audit their trademark portfolios. ...more

Goulston & Storrs PC

Counterfeits in the Digital Marketplace

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Counterfeiting has moved beyond high-priced luxury goods to low-cost everyday items. Many of these fake products pose real dangers: face masks with arsenic; phone adapters that can electrocute you; computer chargers that fry...more

Goulston & Storrs PC

Protecting the Popular Brand: Considerations to Avoid Genericide

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When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or...more

Hogan Lovells

Creating and building great brands: Multidisciplinary teamwork from the very beginning is the key to success

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Most of us know a great brand when we see one. And when customers develop trust in a brand, they usually remain loyal to that company’s products or services and recommend them to others. ...more

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