The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are...more
Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was...more
On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more
The US Patent & Trademark Office (PTO) continues to uphold its promise to combat fraud and “protect the integrity of the U.S. trademark register” with initiatives to investigate and sanction actions before the PTO that appear...more
In the waning days of 2020 and in the heights of the COVID-19 pandemic, Congress passed the Trademark Modernization Act. It directed the United States Patent and Trademark Office (USPTO) to change certain procedures in...more
Few moments in college football are more iconic than Notre Dame football players hitting the famous “Play Like a Champion Today” sign as they run out of the tunnel onto the field at Notre Dame Stadium. Many may not realize...more
On December 27, 2020, President Trump signed the COVID-19 relief and government funding bill, which incorporated The Trademark Modernization Act of 2020 (“TMA”) and the Copyright Alternative in Small-Claims Enforcement Act of...more
A June 16, 2020 precedential decision by the Trademark Trial and Appeal Board held that Federal trademark registration is not available for food, beverages, or nutritional/dietary supplements to which hemp-derived cannibidiol...more
As if retailers did not have enough worries during the coronavirus pandemic already, the threat of counterfeit goods produced by (often Chinese) manufacturers appears to be on the rise again. Unfortunately, counterfeit goods...more
A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark...more
The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period. In...more
On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more
Trademark Basics – USPTO - The United States Patent & Trademark Office (“USPTO”) put together this quick resource guide....more
On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more
Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more
On May 2, 2018, high-end fashion designer and retailer Burberry Limited filed a complaint in the Southern District of New York against big box retailer Target Corporation alleging trademark infringement and trademark...more
Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more
California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the...more
When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more
President Trump’s deep freeze of regulatory actions has delayed the effective date of new rules issued by the United States Patent and Trademark Office (USPTO) to assess and promote the accuracy of the trademark register. ...more
ALERT UPDATE: The US Patent & Trademark Office (USPTO) planned to implement an auditing program on February 17, 2017, which would introduce new requirements for declarations of use filed pursuant to Sections 8 or 71 of the...more
An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services...more
On January 19, 2017 the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register introducing new requirements for declarations of use in commerce filed pursuant to Sections 8 and 71 of the...more