The Briefing: Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”
(Podcast) The Briefing: Soup for Change - Campbell’s Sues a Congressional Candidate
When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
(Podcast) The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
The Briefing: Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court
(Podcast) The Briefing - Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court
Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: The Briefing by the IP Law Blog - Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
The Briefing by the IP Law Blog: Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
Podcast: The Briefing by the IP Law Blog - 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
The Briefing by the IP Law Blog: 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
In a recent TTAB decision, a federal trademark registration covering bicycle goods was cancelled on multiple grounds including likelihood of confusion and fraud. The case underscores the importance of accurate use evidence in...more
Every brand aspires to become a household name, but that level of success can often carry hidden risk which can undermine the very influence that the brand seeks to build. The recent decision from the High Court (IPEC) in...more
The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady...more
In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Illinois Tamale Company v. LC Trademark Incorporated case, exploring whether the "pizza puff" mark is generic and whether Little Caesars'...more
Design patents cover the ornamental features of a product. Whether a design patent is infringed comes down to a visual comparison between the patented design and the accused product. Would an ordinary consumer confuse the two...more
Today, Aaron Judge (“Judge”) is a household name for sports fans across the United States. However, in 2017, Judge was just entering the Major League Baseball scene and carving out a name for himself—he won Rookie of the Year...more
Legal Break - What’s new in the Digital Omnibus? In this episode of Legal Break, Alessandro Ferrari from DLA Piper takes a closer look at the Digital Omnibus and the main changes and simplification measures it...more
“Dupes” are no longer just a social media trend or a consumer wink-wink. They are now a serious brand-protection issue sitting at the intersection of trademark law, design rights, and digital marketing. The key legal question...more
In the NIL era of college sports, athletes are moving fast: launching personal brands, apparel, and merchandise, while attention is high. Speed matters. But when a brand name feels instantly familiar, that familiarity can...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
Game Plan, Inc. (“Game Plan”), a nonprofit organization that supports student‑athletes in underserved communities, appealed a decision of the Trademark Trial and Appeal Board (“TTAB”) to the Federal Circuit (see Game Plan,...more
We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of “Mayhem” in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost’s motion...more
The US Court of Appeals for the Seventh Circuit affirmed-in-part and reversed-in-part a preliminary injunction barring the use of PIZZA PUFF, concluding that the trademark owner failed to demonstrate a likelihood of success...more
In a decision addressing the intersection of trademark law, sovereign immunity, and constitutional takings, the US Court of Appeals for the First Circuit partially revived Lanham Act claims brought by the heirs of baseball...more
A recent United States Court of Appeals for the Federal Circuit (“Federal Circuit”) decision highlighted the importance of litigation strategy. ...more
Illinois Tamale Co., Inc. v. LC Trademarks, Inc., 2026 WL 125544 (7th Cir. Jan. 16, 2026) - Be vigilant of how the public perceives your trademark, because if the primary significance of your mark has become the generic...more
Securing a federal trademark registration is one of the most effective ways to protect your brand, deter copycats, and enhance the value of your business. Yet, the path from concept to registration is full of strategic...more
The US Court of Appeals for the Federal Circuit sustained the Trademark Trial & Appeal Board’s refusal to register trademark applications (over oppositions) for two character marks and a design mark based on the Board’s...more
Imagine that an up-and-coming business intends to register the business’s trademark, but another person catches wind of this rising business and registers a website domain name that “is identical or confusingly similar to”...more
In September 2024, the Toronto Stock Exchange sent a cease-and-desist letter to the newly launched Texas Stock Exchange, demanding they abandon their TXSE branding. The Canadian exchange claimed the four-letter acronym was...more
The Lanham Act establishes several grounds for businesses to pursue litigation against competitors and other parties that are misusing their trademarks and engaging in other forms of false and misleading advertising. When a...more
If you have a kid, or play in the NFL, you are likely familiar with The J.M. Smucker Company UNCRUSTABLES® a pre-made PB&J sandwich. According to The New York Times, “NFL teams go through anywhere from 3,600 to 4,300...more
Here’s a trademark situation I see (and businesses stumble into) all the time: You’ve run Acme Widget in Nashville for years. A company you’ve never heard of has been running Acme Widget in Astoria, Oregon....more
On November 28, 2025, the Federal Court of Appeal (FCA) upheld an injunction against the use of the trademark BYOOVIZ for an ophthalmic biosimilar, confirming the application judge’s finding that the mark is likely to be...more
In October 2025, the Trademark Trial and Appeal Board (“Board”) issued a precedential opinion that offers lessons on the limits of consent agreements in overcoming likelihood of confusion (section 2(d)) refusals. The case...more