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 -
Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

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A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Erise IP

What’s Trending in Trademarks: September 2024

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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: Meghan...more

Linda Liu & Partners

A Preliminary Analysis of the Strategies That Can Be Adopted in Trademark Refusal Appeal Cases Where Trademarks Are Identical or...

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China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National...more

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

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Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Dunlap Bennett & Ludwig PLLC

Trademark Ownership And What Happens To Your Trademark When You Die?

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As folks prepare their estate documents, they need to consider who they want to receive their assets, house(s), vehicle(s), or that Bob Ross painting they found at a garage sale 20 years ago. What many people don’t think...more

Weintraub Tobin

(Podcast) The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

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Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent...more

Weintraub Tobin

The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

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Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent...more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

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Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

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“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Nelson Mullins Riley & Scarborough LLP

Dispute Over the Smiths Trademark: "Is It Really So Strange?"

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When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

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A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

Faegre Drinker Biddle & Reath LLP

NO FAKES Here: A New Tool to Protect Against the Misuse of AI?

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What do Scarlett Johansson, Drake, The Weeknd, and Taylor Swift have in common (besides being among this millennial’s fav celebs)? They all have the distinct displeasure of becoming a target of deepfake technology – a type...more

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

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When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

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The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Clark Hill PLC

Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

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This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

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Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Locke Lord LLP

Orange Is the New Black – Cancellation Decisions Confirm Distinction Between Colours and Names of Colours

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The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World...more

Kerr Russell

Preparing Your Business for Sale

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The sale process can be a long, stressful, physically and emotionally draining, and disruptive to ongoing business operations. Planning well in advance of the desired sale date and engaging experienced professional advisors...more

Dorsey & Whitney LLP

Cognac Scores a Win for Certification Marks

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Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du...more

Vicente LLP

How to Choose a Trademark for Your Cannabis Brand

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Building a strong and distinctive brand identity for your business is crucial for driving sales, fostering consumer loyalty, and standing out in any industry, and more so for emerging and rapidly evolving sectors such as...more

Kohrman Jackson & Krantz LLP

Outkast Sues EDM Group Called “ATLiens” for Trademark Infringement

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Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens”...more

McDermott Will & Emery

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

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In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...more

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