With the Masters Tournament beginning this week, this article is a timely reposting of our 2020 article on trademark rights in the iconic Green Jacket design. ...more
Unrivaled is a 3-on-3 basketball league founded by WNBA superstars Napheesa Collier and Breanna Stewart. The league has attracted many established WNBA stars, like Ms. Stewart, as well as up-and-coming young players like...more
In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu is part of “The Monsters” series –...more
For over twenty years, Pantone, through its Color of the Year program, has selected a color (or colors, 2021!) that reflects the latest color influences and highlights how what is happening in our culture, globally, can be...more
Welcome to the December 2025 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the changes made this year to U.S. trademark practices from the U.S. Patent and Trademark Office and what they mean...more
PT Medisafe Technologies (“Medisafe”) has petitioned the U.S. Supreme Court to review a Federal Circuit decision upholding the Trademark Trial and Appeal Board’s (“TTAB”) refusal to register Medisafe’s dark green color mark...more
The holiday season puts brands on full display—storefronts glow, packaging pops, and signature sounds and scents fill the air. It is also a great time to consider how nontraditional trademarks might advance your brand’s...more
On August 8, 2025, Baylor University filed a federal lawsuit against Boston University alleging trademark infringement and unfair competition over Boston University’s use of an interlocking BU design....more
Color can be a powerful tool for brand recognition, but securing trademark protection for a color mark involves unique legal and evidentiary challenges. Recent decisions from the Federal Circuit and Trademark Trial and Appeal...more
Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more
In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more
Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more
In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more
The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more
Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have...more
CeramTec v. Coorstek Bioceramics, Case No. 2023-1502 (Fed. Cir. Jan. 3, 2025) - Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental...more
Earlier this month, the Pantone Color Institute announced its Color of the Year for 2025, Pantone No. 17-1230 Mocha Mousse – a cozy, warm brown evoking the indulgent qualities of chocolate and coffee. ...more
The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more
Earlier this month, the Pantone Color Institute announced its Color of the Year for 2023, Pantone No. 18-1750 "Viva Magenta" (think a brighter, more berry version of red velvet cake). In selecting the color representing...more
Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more
Last month, the Pantone Color Institute extended its influence on consumer tastes and designs by naming “Very Peri” as its Color of the Year for 2022. Rather than selecting a color from its existing and extensive palette, the...more
Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more
A small hop for chocolate bunnies, a big step for Swiss chocolate manufacturer Lindt & Sprüngli: The German Federal Court of Justice held that the particular shade of golden color is protected for Lindt & Sprüngli as a color...more