News & Analysis as of

Trademarks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -

Trademark Licensees Beware: License At Risk In Franchisor Bankruptcy

by Fox Rothschild LLP on

A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy and seeks to shed itself of burdensome obligations under license agreements. The impact on the...more

Game-maker Sues Lucasfilm over Han Solo Movie

You may have heard of a little movie called Star Wars. If you haven’t, well, I’ve got some movies for you to borrow. The film was released in 1977, and soon spawned a trilogy of movies that are among the most popular film...more

Total Brand Care: The benefits of a holistic approach to creating, commercializing, and protecting company brands

by Hogan Lovells on

24 April 2018 At Hogan Lovells, we understand that brands are the heart of a company’s value, reputation, and competitive advantage. Total Brand Care is our holistic approach to creating, commercializing, and protecting our...more

Mezcal Margarita, Anyone?

In the spirit of upcoming Cinco De Mayo, it’s time to think about your favorite margarita recipe. I happen to prefer my margarita with mezcal instead of tequila. And while mezcal, known as tequila’s spicy and smoky cousin,...more

Colour it Mine: Protecting Colour Trademarks in Canada

by Smart & Biggar on

Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more

Registration of a Very Personal Brand Name

How much do I believe in federal registration of trademarks and brand names? Well, this much...more

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

by Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

ABA Provides Guidance on Required Disclosure of Attorney Errors

On April 17th, the American Bar Association provided a formal opinion regarding the requirement that attorneys disclose errors to clients. Its opinion was based on Rule 1.4 of the Model Rules of Professional Conduct, which...more

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

by Hogan Lovells on

In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

Alert: A Dark Time for Data: WHOIS Blackout Period Likely Starting in May

by Cooley LLP on

What do you do when you want to look up the owner of a domain name? You probably perform a "WHOIS search" to find out the owner's name and contact information. The WHOIS system, which makes certain domain registration data...more

White Color Trademark Goes Up in Flames

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision...more

SUMO CITRUS — Sign of Super-Sized Flavor?

While many other places in the country are enjoying signs of spring, here in the Twin Cities, we’re hanging on to the white stuff, for a while longer; we shoveled 22 inches worth this past weekend! There’s something about...more

What’s in a Name? Trademark Strength in the Blockchain Space

by Jaburg Wilk on

Following the recent investment frenzy in crypto-currencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector...more

Enforce Your Intellectual Property or Risk Losing It

by Varnum LLP on

As a startup or early stage company, you have many things to focus on – growing your sales, revenue, cash flow, and creating meaningful profits. Protecting and enforcing your intellectual property (IP) is most likely not your...more

Canadian Beer Trademarks: When is a Moose Just a Moose?

by Field Law on

When is a moose just a moose? Apparently when it is reclined in a parlour sipping gin. In Moosehead Breweries Limited v Eau Claire Distillery Ltd., 2018 TMOB 24 (CanLII), Canadian brewer Moosehead Breweries, the oldest,...more

High Stakes: Iowa Ends Up Paying $1M For Blocking Pro-Marijuana T-Shirts

by Reed Smith on

The state of Iowa will be covering the bill in a protracted lawsuit over Iowa State University’s decision to bar a chapter of the National Organization for the Reform of Marijuana Laws (“NORML”) from using the university’s...more

A Few Highlights from FUSE 2018 in NYC

Every time I leave the annual FUSE conference (2013, 2014, 2015, 2016, 2017) — appropriately dubbed The Event for Design & Brand Strategists, I return home infused with extra creative energy, and this year in New York City...more

Fuse – Next Big Design

I just got back from my yearly trip to hang out with creative people and learn about branding and design at FUSE. This year we traveled to the brand capital New York City....more

Investment Treaty Tribunal Confirms Trademark Licences Can Be Qualifying Investments Entitled To Treaty Protection

by Reed Smith on

In a recent deliberation arising from an ICSID dispute between two U.S. Bridgestone entities and the Republic of Panama involving trademarks for tires, an arbitral tribunal has for the first time engaged in a full discourse...more

How To Protect Your Clients’ IP

by Weintraub Tobin on

A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible...more

Update: Stone Brewing v. MillerCoors – Answer and Counterclaims

A couple months ago, I posted about the contentious trademark battle involving Stone Brewing Co., a craft brewery based in California, who filed a trademark infringement complaint against giant beer conglomerate MillerCoors...more

The Black Hole of Misappropriation: Astronaut’s Right of Publicity and Trademark Claims Survive Summary Judgment

Is astronaut David Scott more like fellow astronaut Buzz Aldrin or NASA pilot Chuck Yeager? Scott was the Commander of the Apollo 15 mission and the seventh person to walk on the moon, so the obvious answer is Aldrin....more

Three Point Shot - March 2018

by Proskauer Rose LLP on

Can a High School Football Coach Say a Hail Mary after a Hail Mary? High school football coach Joseph Kennedy was not instructing his quarterback to take a knee in victory formation to run down the clock. Instead, in an...more

It’s 2018: The Impact Of IP Decisions From 2017

by Ladas & Parry LLP on

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

What You Need to Un-Suspend a Trademark

Suspended high above Chelsea Market in New York City are these eye-catching ads for OWYN... ...That’s a new brand for me, I’m unsure how to pronounce it (Own, Owen or Oh Win), but OWYN apparently stands for Only What You...more

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