News & Analysis as of

Trademark Infringement

Offit Kurman

Pre‑Launch Trademark Risk: What In‑House Counsel Should Address Before Product Launch

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Most trademark problems do not begin with a refusal from the USPTO or a cease-and-desist letter from a competitor. They begin much earlier during product development and brand naming, often before legal is meaningfully...more

Miller Johnson

Bottom Line: “Bum Bum” Packaging Falls Flat on Trade Dress Protection

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On March 17, 2026, the United States District Court for the Southern District of New York held that Sol de Janiero’s (“SDJ”) packaging for a beauty cream product was functional and therefore not entitled to trade dress...more

Clark Hill PLC

Using “Schedule A” Litigation to Combat Online Trademark Infringement

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In today’s digital world, trademark infringement is a significant concern for businesses aiming to protect their brand identity. Accordingly, it is important for businesses to implement a multifaceted online enforcement...more

Loeb & Loeb LLP

The Sports Law Playbook: 2026 FIFA World Cup and Unauthorized Marketing

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The Sports Law Playbook returns with its May 2026 edition. In this issue, we examine the legal risks surrounding unauthorized marketing tied to the 2026 FIFA World Cup, including right of publicity claims, false endorsement...more

Offit Kurman

“Alright, Alright, Alright,” — Taylor’s Version. Taylor Swift follows Matthew McConnaughey’s Novel Approach to Using Trademark...

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Ever eager to retain control over her masters and ensure that she “never goes out of style,” Taylor Swift is the latest public figure looking toward registration of sensory trademarks to protect her name and likeness in a...more

Hogan Lovells

China’s SPC clarifies the Limits of Design Patents vs Trademarks: Key takeaways from the Puma cases

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The Puma Supreme People’s Court case confirms that, where a design patent is challenged on the ground that it conflicts with earlier trademark rights, Chinese courts will assess the conflict by examining whether a design...more

Quarles & Brady LLP

Taylor Swift’s Trademark Filings for Her Voice and Image May Help Combat AI Misuse

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Taylor Swift’s team recently filed new trademark applications for two sound marks for Taylor’s voice, and one design mark for a glittering image from the Eras Tour: This move has captured the attention of trademark...more

Greenbaum, Rowe, Smith & Davis LLP

Trademark Law: A Practical Guide to the Basics

A company’s brand is one of its most valuable assets – and the name, logo, or slogan associated with that business is often what customers most remember, and what drives them to choose one company over another. These...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the 2026 FIFA World Cup

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One of the world’s premier sporting events, the 2026 World Cup, begins on June 11, 2026. The Fédération Internationale de Football Association (FIFA) owns all rights related to the World Cup and diligently protects its World...more

IMS Legal Strategies

Measuring Likelihood of Confusion: The Eveready Survey Format

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There are two commonly accepted survey formats used to measure likelihood of confusion: the Eveready format and the Squirt format. This article addresses the Eveready survey format....more

IMS Legal Strategies

Measuring Likelihood of Confusion: The Squirt Survey Format

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here are two commonly accepted survey formats used to measure likelihood of confusion: the Squirt format and the Eveready format. This article addresses the Squirt survey format, which is also known as a “lineup” survey....more

Loeb & Loeb LLP

Getty Images (US), Inc. v. Stability AI, Ltd.

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In Getty Images’ lawsuit against generative AI company Stability AI, district court finds that Getty adequately pled claims for trademark infringement, false designation of origin and trademark dilution under federal law and...more

Hanson Bridgett

ICANN Offering “dotBrand” Top-Level Domains — Application Window for a [.Brand] Domain Opened April 30, 2026

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For the first time since 2012, ICANN—the body that governs internet naming—is opening applications for “dotBrand” generic top-level domains (gTLDs) beginning April 30, 2026....more

McDermott Will & Schulte

Patent disclosure erases trade secret protection

Addressing the boundary between patent disclosures and trade secret protection, the US Court of Appeals for the Federal Circuit reversed a jury’s findings of trade secret misappropriation, breach of contract, and improper...more

BakerHostetler

Dupes, Design and Trade Dress: Drawing a Line After Apollo v. Sol de Janeiro

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Can trade dress protection keep pace with the dupe economy? As look‑alike products proliferate and skirt traditional counterfeiting rules, trade dress disputes have become a high‑stakes arena for brand owners. ...more

Foley Hoag LLP - Making Your Mark

The Best of British Brands – An INTA 2026 London Walking Tour Through a U.S. Trademark Lens

As we gear up for the INTA conference in London this year, it’s a perfect time to explore some of the UK’s most well-known brands and trademarks. Whether you’ll be in attendance or not, we invite you to join us on a virtual...more

Erise IP

What's Trending in Trademarks: April 2026

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This month brought two fast-moving courtroom fights over tech brand names, a major USPTO modernization announcement, and a quietly significant celebrity trademark settlement....more

Smart & Biggar

Trademarks for businesses – part 1: understanding what a trademark is

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Every day, consumers rely on trademarks to identify and select goods and services from businesses that they know and trust. Over time, trademarks come to represent not only the goods and services of a business, but also the...more

Hogan Lovells

Domain Name News: April 2026

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This is the April 2026 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS ...more

Loeb & Loeb LLP

China’s National People’s Congress Issues Draft Amendment to PRC Trademark Law

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A much-awaited draft amendment to the Trademark Law of the People’s Republic of China (TML Draft Amendment) was published for public comment by the National People’s Congress (NPC) on December 27, 2025. The TML Draft...more

Weintraub Tobin

The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’

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Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Digital Heartbeat: Rolex, AI, and Counterfeit Protection

Few brands have matched the impact Rolex has had on the evolution of horology. From the 1926 debut of the “Oyster,”[1] the world’s first waterproof case, to the perfection of the “perpetual self-winding rotor”[2] in 1931,...more

Oberheiden P.C.

Hiring a False Advertising Lawyer to Sue Under the Lanham Act

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False and misleading advertising campaigns can have significant consequences for competitors. Whether a company’s deceptive practices relate to its own products or services, a competitor’s products or services, or a...more

McDermott Will & Schulte

“X” marks the spot: A single DuPont factor may be dispositive

The US Court of Appeals for the Federal Circuit affirmed dismissal of a trademark opposition, concluding that a single DuPont factor may be sufficient on its own to support a finding of no likelihood of confusion....more

McDermott Will & Schulte

Settled means settled: Broad settlement release equates to res judicata

The US Court of Appeals for the Fourth Circuit affirmed a summary judgment decision, concluding that an intellectual property owner’s claims were barred by the scope of a settlement agreement resolving earlier state court...more

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