News & Analysis as of

Lanham Act › Intellectual Property Protection › Acquired Distinctiveness

Fish & Richardson

More Is More: Ensure Your Mark Is Protectable Before You Enforce

Fish & Richardson on

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

McDermott Will & Emery

Opposers Beware: Your Own Mark May Not Be Protectable

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more

McDermott Will & Emery

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more

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

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

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

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

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

MarkIt to Market® - July 2023

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

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

McDermott Will & Emery

Press # For Options, but Not for a Trademark Registration

McDermott Will & Emery on

In a precedential opinion addressing the most fundamental requirement for trademark protection, the Trademark Trial & Appeal Board (Board) affirmed the US Patent & Trademark Office’s (PTO) refusal to register a “#” based mark...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

Katten Muchin Rosenman LLP on

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Akerman LLP - Marks, Works & Secrets

Royal Palm Properties’ Trademark Gets Royal Treatment At The 11th Circuit

Akerman LLP - Marks, Works & Secrets on

This trademark litigation arises out of a contentious real-estate rivalry in a very wealthy residential community called Royal Palm Yacht & Country Club in Boca Raton, Florida....more

Mintz - Trademark & Copyright Viewpoints

Significant 2018 Trademark Decisions

Mintz - Trademark & Copyright Viewpoints on

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Circuit Courts penned a number of opinions impacting trademark law. Here are some key takeaways from the past year...more

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

MarkIt to Market® - August 2018: Nose Ahead of the Competition: Protecting Play-Doh

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

Since the Lanham Act was passed in 1946, trademark protection has encompassed an ever expanding list of attributes that can be perceived as denoting the source of a product or service. Recently issued registrations cover...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide