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Trademarks › Design 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 -
Womble Bond Dickinson

Lowering Bar on Footboard Does Not Lower Burden for Proving Acquired Distinctiveness of Bed Frame, Says Trademark Office

Womble Bond Dickinson on

Charity seeking to register product designs as trademark icon not met the “very high burden” for showing acquired distinctiveness - On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential...more

Hogan Lovells

‘Bottled it’: Aldi light-up gin bottle design infringes Marks & Spencer’s UK registered design

Hogan Lovells on

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. The court was not swayed by Aldi’s argument that a number of the features of the bottle, such as the light in the base of the...more

Dorsey & Whitney LLP

Extricating the UK from the European Union IP Systems – Contrasting Approaches Across the Channel

Dorsey & Whitney LLP on

The European Union (“EU”) has shaped and developed Intellectual property (“IP”) policy extensively over the years. IP law in EU member states is today largely a matter of EU law. Key areas of IP are dominated by EU rights and...more

McDermott Will & Emery

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

McDermott Will & Emery on

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

A&O Shearman

Propel: The branding and uniqueness of self-driving vehicles – an overview of design law

A&O Shearman on

In this installment of A&O’s podcast series on autonomous vehicles, NY partner Paul Keller interviews our own David Stone, the Global Head of Intellectual Property, and author of a leading textbook on EU design law. Listen as...more

ArentFox Schiff

An Infringement Target: Trademark Infringement Suit Hits Bullseye for Private Label Brand

ArentFox Schiff on

Battle of Goodwill - Garnish & Gather LLC is a meal delivery kit service offered to customers in Atlanta, Georgia, since 2013. In connection with its delivery service and its locally sourced produce, G&G registered the...more

Hogan Lovells

EU General Court on industrial designs: Porsche 911 car model lacks individual character

Hogan Lovells on

On June 6, 2019, the General Court (GC) declared two designs filed for the famous car model Porsche 911 in 2004 null and void, and thereby confirmed the EUIPO’s decision that the later models of the 911 lack the registrable...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

Hogan Lovells on

The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

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

MarkIt to Market - September 2018

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

The September 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the use of trademark symbols as part of a brand's protection strategy, the use of trade dress to protect product design elements, and the new...more

Ladas & Parry LLP

IP in the Food & Beverage Industry

Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

Ladas & Parry LLP

A Multi-Layered Approach to Packaging Protection

Ladas & Parry LLP on

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Ladas & Parry LLP

Diamonds In The Rough: TTAB Refuses Registration For Repeating Pattern

Ladas & Parry LLP on

In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah...more

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