News & Analysis as of

Trademark Ownership

International Lawyers Network

Little At Sea Over Legacy Trademarks

Trademark lawyers eventually learn a hard truth: brands often do not die; instead, they drift.  Sometimes they drift quietly into nostalgia. Sometimes they drift into the hands of the entrepreneurial and well-advised. Other...more

Foster Swift Collins & Smith

When the Dough Rises Too Close to Home - A Hypothetical Trademark Story

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information...more

Katten Muchin Rosenman LLP

Selecting Who Sues: Picking the Proper Party for Offensive Trademark Litigation - The Katten Kattwalk| Issue 30

When a brand has identified a threat to its trademark rights — whether from a competitor or counterfeiter — the goal is almost always to resolve the dispute without the expense and distraction of a lawsuit. But when those...more

Seyfarth Shaw LLP

Boston Strong and Trademark Rights – Why You Can’t Own a City’s Motto

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The phrase “Boston Strong” became a rallying cry for the strength and support Bostonians displayed after an act of terrorism.  In 2013, two brothers planted bombs near the finish line of the Boston Marathon in Copley...more

Jaburg Wilk

The Supplemental Register: What It Is and When to Use It

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If your mark is descriptive and lacks secondary meaning, the Principal Register may not be an option. But there’s still a path to protection: the Supplemental Register. The USPTO maintains two federal trademark registers....more

Weintraub Tobin

The Briefing: Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court

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Neil Young vs. Chrome Hearts — What happens when a rock legend collides with a luxury fashion powerhouse? Chrome Hearts has filed suit against Neil Young, claiming his new band “Neil Young and the Chrome Hearts” infringes on...more

Quarles & Brady LLP

Universities Battle Over Logos in Recently Filed Trademark Lawsuit

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On August 8, 2025, Baylor University filed a federal lawsuit against Boston University alleging trademark infringement and unfair competition over Boston University’s use of an interlocking BU design....more

McDermott Will & Schulte

Standing: Don’t get owned by incorrect trademark ownership

The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more

Seyfarth Shaw LLP

Double Fault: Trademark Registrations (or Lack Thereof) in the World of Tennis

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It’s that time of year where, for two weeks in late August and early September, tens of thousands of people descend upon Flushing Meadows in Queens, New York for the U.S. Open tennis tournament. The biggest stars in the world...more

Jaburg Wilk

Trademark Licensing: How to License Your Brand Without Losing Rights

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Trademark licensing allows brand owners to authorize others to use their mark in connection with goods or services—often in exchange for royalties or business partnerships. When done properly, licensing can strengthen a brand...more

Knobbe Martens

One Name, Two Claims: Prince’s Estate and Apollonia Clash Over Trademark Rights

Knobbe Martens on

Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single name. But the standalone celebrity name...more

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Jaburg Wilk

Maintaining and Protecting Your Trademark Rights After Registration

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Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Weintraub Tobin

The Briefing: Trademark Basics - Protecting Names, Logos, and Brands in Entertainment

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From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But how do you get one—and what does it actually protect? Weintraub attorneys Scott Hervey and Richard Buckley talk about the...more

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

Jaburg Wilk on

Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

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Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more

Farella Braun + Martel LLP

Two's A Crowd: The Pitfalls of Trademark Co-Ownership

Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But having multiple owners of a single trademark is a recipe for trouble, and the partners would...more

Weintraub Tobin

(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

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Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it? In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and...more

Weintraub Tobin

The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

Weintraub Tobin on

Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it? In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and...more

Ervin Cohen & Jessup LLP

No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of...

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more

Weintraub Tobin

The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

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What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and...more

Womble Bond Dickinson

Update for International Trademark Holders: US Incorporates Madrid Protocol Amendment

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How can trademark owners transition from a national or regional registration to an international registration in a designated territory without prejudice or loss of priority dates? The principle of “replacement” allows a...more

Quarles & Brady LLP

Trademark Fee Changes at the USPTO: Increased Costs for New Application Filing Fees

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We previously reported that on January 18, 2025, the USPTO implemented its new fee schedule, setting certain new fees and raising some existing ones. Now that the fees have been in place for a while, this Client Alert is to...more

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