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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 -

First Circuit Holds Rejection of Trademark License Leaves Licensee With Only a Claim for Pre-petition Damages – No Right to...

The First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), recently held that the Debtor’s rejection of a trademark license left the licensee with only a...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

How to Select Your Trademark in a Crowded Field

by Sands Anderson PC on

A February 9, 2018, Harvard Law Review article concluded that “The supply of word marks that are at least reasonably competitively effective as trademarks is finite and exhaustible” and “the trademark system is growing...more

Blockchain: Not Just A Platform For Cryptocurrency But A Potential Method For Protecting Trade Secrets And Other IP

Cryptocurrency has dominated the attention of the financial world for most of the past 12 months as Bitcoin’s value (as well as other cryptocurrencies’) soared over 1,500% in 2017 (though it has experienced some recent...more

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

What qualifies as acceptable Use in U.S. Commerce?

by Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more

Be Like Grumpy Cat

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

Lawsuit Verdict Makes Grumpy Cat Smile

For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and underbite culminate in a perpetual—and adorable—sour expression. Grumpy Cat’s real name is Tardar Sauce. In 2012,...more

Protecting the Collected Knowhow of an Assembled and Trained Workforce

by Nexsen Pruet, PLLC on

The notion of protecting knowhow is strange to those who think of intellectual property as comprising patents, trademarks, and copyrights. Knowhow is not associated with agencies of the US federal government that issue...more

European Union Welcomes Certification Marks

Companies that attest to the quality of products or services under a “certification mark” – a type of trademark used to show consumers that particular goods or services (or their providers) have met certain standards – are...more

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

To EatRight, It May be Too Late

by Dorsey & Whitney LLP on

The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc. The district court had granted summary judgment for Whole Foods after...more

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Stone Brewing Fires The Shot Heard Round The Brewing World

by Weintraub Tobin on

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In...more

Chief Wahoo: A Look Back in History

by Fish & Richardson on

February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catch­ers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark...more

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

by Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

by Ladas & Parry LLP on

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

The First Circuit Casts a Shadow on Sunbeam

In the recently decided case, Mission Product Holdings, Inc. v. Tempnology, LLC, the United States Court of Appeals for the First Circuit took a hardline position that trademark license rights are not protected in bankruptcy....more

Snickers Has a Cross Section TM Registration!

It is frequently becoming more and more difficult to remember all the topics we’ve covered here over the last — almost — nine years. A recent Snickers end cap display jogged my memory...more

Cannabis Branding and Free Speech Considerations

by Dorsey & Whitney LLP on

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

MarkIt to Market® - January 2018

January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more

The Shape Of My Heart: A Guide To Chocolate Shape Trademarks For Your Valentine

The past year has been an active one in the chocolate trademark wars, as confectionery giants attempt to use trademark law to protect the shapes of iconic candy products. In the US, and in many other jurisdictions, companies...more

WIPO – No fan site for tribute band

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel ordered the transfer of a domain name that exactly matched the name of a...more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

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