(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)
The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink
The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink (Podcast)
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
3 Key Takeaways | Corporate Perspectives on Intellectual Property
The Briefing by the IP Law Blog: The Strength of a Trademark (Archive) Podcast
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
What is sufficient originality for copyright? What is substantial similarity for copyright infringement? The latest artificial intelligence and intellectual property cases – authors lost contributory
3 Key Takeaways | New York State Bar Association IP Section Annual Meeting
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
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: Fruity...more
The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a...more
In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more
For music lovers, while it may be a bit far for some to travel to Liverpool and stay in the Yellow Sub Hotel, why not have a more local adventure, in sunny Florida at The Seminole Hard Rock Hotel & Casino’s The Guitar Hotel,...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
Think about your favorite pizza restaurant. What sets it apart from the frozen pizza you could pick up from your local grocery store? Is it the cheese-stuffed crust? The quality of the pepperoni?...more
By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more
GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: Evidence of use of a term even without a showing of secondary meaning, by any third party,...more
I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
The typical crack and fizz sound that occurs when opening a carbonated beverage is not registrable as a sound mark as it lacks any distinctive character. This was decided by the General Court of the European Union (GC) in a...more
The US Court of Appeals for the 11th Circuit affirmed a district court’s conclusion that laches barred an advertising and marketing company’s claims for monetary damages for trademark infringement and unfair competition, but...more
Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more
On April 8, 2020, in In re: Forney Industries, Inc., the Federal Circuit reversed the Trademark Trial and Appeal Board’s finding that a color mark can never be inherently distinctive. By so holding, the Federal Circuit...more
In Re FORNEY INDUSTRIES, INC. Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging....more
On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more
Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient...more
Marking a significant departure from Trademark Manual of Examining Procedure guidelines, the US Court of Appeals for the Federal Circuit overturned an administrative decision by the Trademark Trial and Appeal Board that had...more
In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more
One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more
Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more
There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more
Andy Warhol once famously commented that “In the future everybody will be world famous for fifteen minutes.” For trademarks, fifteen minutes of fame is not sufficient to assert a trademark dilution claim. ...more
The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. ...more
The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more