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Trademark Litigation United States Patent and Trademark Office

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Kohrman Jackson & Krantz LLP

Outkast Sues EDM Group Called “ATLiens” for Trademark Infringement

Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens”...more

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

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As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...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

McDermott Will & Emery

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

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The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have...more

Irwin IP LLP

Obtaining Attorneys’ Fees: Exceptional Facts, Not Policy 

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Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose...more

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

MarkIt to Market® – July 2024: Where, What, and How – Trademarks & the Olympic Games (Part 2)

Part 2: WHAT - Last month, we reviewed where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights—if you missed last month’s article, catch up here: June 2024 Article. This month, we are exploring...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

Troutman Pepper

EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

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A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States....more

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

MarkIt to Market® – June 2024: Where, What, and How – Trademarks & the Olympic Games (Part 1)

Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

Seyfarth Shaw LLP

Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

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As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...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

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

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Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

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

MarkIt to Market® – April 2024: Trademarks are for Parents, Not Children

Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s...more

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

MarkIt to Market® – April 2024

Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB...more

McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

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The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...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

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

McDermott Will & Emery

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

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The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

American Conference Institute (ACI)

[Event] 4th Annual Summit for Women Leaders in IP Law - June 25th - 26th, Washington, DC

During ACI’s Annual Summit for Women Leaders in IP Law, women in Intellectual Property roles come together to explore industry trends and important factors impacting today’s women IP leaders and practitioners. Learn to...more

Faegre Drinker Biddle & Reath LLP

From Concept to Commerce: The Art of Trademark Specimens of Use

In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). In this blog post, we’ll...more

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

MarkIt to Market® - March 2024

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB...more

McDermott Will & Emery

District Court Subpoena Power Plays “Supporting Role” to PTO Rules

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Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more

McDermott Will & Emery

No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements

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The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R....more

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