News & Analysis as of

Likelihood of Confusion United States Patent and Trademark Office Trademark Litigation

Foley Hoag LLP - Making Your Mark

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands...more

Amundsen Davis LLC

How Businesses Can Enforce Trademark Registrations

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Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and...more

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Irwin IP LLP

Your “Chicken Scratch” May Be Confusing 

Irwin IP LLP on

In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) - Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office...more

McDermott Will & Emery

Opposers Beware: Your Own Mark May Not Be Protectable

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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

Offit Kurman

Trademark Registration Misconceptions: What Brand Owners Should Know

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Many business owners view trademark registration as a smart investment—and they’re right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger...more

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

Does Trademark Law Protect “Bad Will”?

On March 21, 2025, I participated in a spirited panel at the annual IP symposium hosted by the Penn Intellectual Property Group (PIPG) at the University of Pennsylvania Carey Law School. Titled “How Far Should Trademark...more

Dorsey & Whitney LLP

John Wick Targets Jane Wick with Trademark Opposition

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John Wick is a highly successful film franchise starring Keanu Reeves as a hitman who reluctantly emerges from retirement to avenge the killing of his pet beagle (among other offenses committed by a group of not-very-nice...more

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

Fish & Richardson on

When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more

Holland & Knight LLP

COGNAC, Hip Hop and Fame: A Trademark Showdown with a Twist

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You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

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A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

Erise IP on

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: Third...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

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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: Fourth...more

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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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: Toms...more

Erise IP

What’s Trending in Trademarks, May 2024: Taylor Swift Fans Analyze Latest Trademark Filing; San Francisco Sues Over San Francisco...

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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: Taylor...more

Erise IP

What’s Trending in Trademarks, April 2024: Chile/Chili Crunch, Jelly Roll, and Seltzer Sales

Erise IP on

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: David...more

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

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

McDermott Will & Emery

Grubhub Relishes Victory Against Trademark Preliminary Injunction

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Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit concluded that the district court did not err in finding that the trademark owner...more

McDermott Will & Emery

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

McDermott Will & Emery on

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

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Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

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

MarkIt to Market® - June 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hear Ye! Hear Ye! Some larger policy implications of the dog toy

The much-anticipated oral arguments for the case between Jack Daniel’s and a dog toy company, VIP Products, took place at the Supreme Court of the United States on March 22. One of the issues is whether “dog toys [are]...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fenwick & West LLP

Using “Abandoned Trademarks” Is Whiskey Business

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In June 2022, the U.S. Court of Appeals for the Federal Circuit rejected an application filed by Tiger Lily, a UK-based liquor company, for the use of LEHMAN BROTHERS on its whiskey bottles despite the trademark having been...more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

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