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Inherently Distinctive Burden of Proof

McDermott Will & Emery

Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties’ stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining...more

Foley & Lardner LLP

Can You Identify Your Trade Dress?

Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

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