#trademark-law
#trademark-law

fromGlobal IP & Technology Law Blog

6 days ago

When 100 Years of Use is Not Enough

The Federal Circuit reversed a TTAB ruling, blocking KIST from trademark registration due to confusion with SUNKIST.

6 days ago

No holidays for trademarks at risk of becoming generic

Trademark degeneration occurs when words lose distinctiveness and become generic terms for a product.

fromIPWatchdog.com | Patents & Intellectual Property Law

6 days ago

Other Barks & Bites for Friday, July 25: Ninth Circuit Reverses $8 Million Ruling in Bored Ape Yacht Club Case; EGC Affirms EUIPO's Cancellation of ICELAND Mark; and PTAB Returns to In-Person Hearings September 1

The U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc., reversing the Trademark Trial and Appeal Board's dismissal of Sunkist's opposition to Intrastate's trademarks. The decision highlights concerns regarding the use of non-trademark images in assessing likelihood of confusion between similar marks.

Intellectual property law

fromIPWatchdog.com | Patents & Intellectual Property Law

3 weeks ago

Other Barks & Bites for Friday, July 4: Danish Government Proposes Copyright Protections Against Deepfakes; Fifth Circuit Finds No Lanham Act Claims Between Mark Co-Owners; and Ferrari's "TESTAROSSA" Mark is Revived by the EGC

The Fifth Circuit's ruling in Reed v. Marshall establishes that trademark infringement claims under the Lanham Act cannot be sustained between co-owners of a trademark.

Apple

#intellectual-property

fromIPWatchdog.com | Patents & Intellectual Property Law

3 weeks ago

Intellectual property law

Beyond Patents: Trademark Protection for Products Covered by Utility Patents

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Canada news

Other Barks and Bites for Friday, June 27: EGC Says 'NERO CHAMPAGNE' Unduly Exploits Protected Designation of Origin; SCOTUS Seeks SG Views on Skinny Label Issues in Hikma; and a Big Week for Copyrights and AI

fromIPWatchdog.com | Patents & Intellectual Property Law

Intellectual property law

Why Distance Is Not Quite a Dead Issue in Trademark Litigation

3 weeks ago

Intellectual property law

Beyond Patents: Trademark Protection for Products Covered by Utility Patents

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Canada news

Other Barks and Bites for Friday, June 27: EGC Says 'NERO CHAMPAGNE' Unduly Exploits Protected Designation of Origin; SCOTUS Seeks SG Views on Skinny Label Issues in Hikma; and a Big Week for Copyrights and AI

more#intellectual-property

Intellectual property law

Why Distance Is Not Quite a Dead Issue in Trademark Litigation

fromSan Francisco Bay Times

4 weeks ago

The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

Ownership of trademarks requires use in commerce, not just creation.

fromFortune

4 weeks ago

Lululemon has had enough of Gen Z's dupe culture and is suing Costco for allegedly stealing its Scuba jacket and ABC pant designs

Lululemon is suing Costco for selling knockoffs of its products under the Kirkland brand, alleging trademark violations.

Brooke Oliver: Defending Icons, Empowering Communities - San Francisco Bay Times

Brooke Oliver is a key figure in leveraging law for LGBTQ+ rights and cultural empowerment.

fromwww.independent.co.uk

The Briefing: Sinking the Rogers Test? What Pepperdine's Lawsuit Could Mean for Hollywood

Pepperdine University revisits its trademark challenge against Netflix's use of 'Waves' in light of a recent Supreme Court decision.

Hugo Boss demands Liverpool pet shop changes name

A pet shop owner received a legal letter from fashion giant Hugo Boss due to the name of his company, Boss Pets, causing him distress.

London startup

fromIPWatchdog.com | Patents & Intellectual Property Law

No Infringement Intended: What Brands Can Learn About Trade Dress From the YETI and RTIC Cooler Wars

Trade dress protects how a product looks and feels, essential for distinguishing brands in competitive markets.

The Briefing: Trademark Smoked: The Fall of General Cigar's COHIBA Registration

Cuba's COHIBA brand has led to the cancellation of General Cigar's U.S. trademarks, impacting trademark law.

Rapunzel, Rapunzel, Let Down Your Generic Hair (and Let Us In)!

Trademark opposition requires showing specific harm related to the mark's registration, as established by recent court rulings.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Sheds Light on Trademark Doctrine of Foreign Equivalents Analysis

VETEMENTS is deemed generic due to its translation meaning 'clothing' in English.

#federal-circuit

DC food

Federal Circuit Affirms Trademark Refusal for "US SPACE FORCE" Mark

The Federal Circuit upheld the TTAB's decision to deny the registration of 'US SPACE FORCE', citing false suggestion of connection with the U.S.

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

The Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.

DC food

Federal Circuit Affirms Trademark Refusal for "US SPACE FORCE" Mark

fromIPWatchdog.com | Patents & Intellectual Property Law

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

The Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.

more#federal-circuit

#branding

Intellectual property law

No Infringement Intended: Can My Trademark Be a Victim of Genericide? A Look at Trademark Distinctiveness

fromFast Company

Typography

When it comes to logos, these numbers are the most popular

Business

fromwww.nytimes.com

fromIPWatchdog.com | Patents & Intellectual Property Law

Meghan, the Duchess of Sussex, Shares Brand Name With Small Business Owner

Mark Kolski's vintage brand shares a name with Meghan Markle's new lifestyle brand, causing confusion and media attention.

Intellectual property law

No Infringement Intended: Can My Trademark Be a Victim of Genericide? A Look at Trademark Distinctiveness

fromFast Company

Typography

When it comes to logos, these numbers are the most popular

Business

fromwww.nytimes.com

fromIPWatchdog.com | Patents & Intellectual Property Law

Meghan, the Duchess of Sussex, Shares Brand Name With Small Business Owner

Mark Kolski's vintage brand shares a name with Meghan Markle's new lifestyle brand, causing confusion and media attention.

more#branding

CAFC Affirms TTAB's Genericness Test for Color Marks in Affirming Rejection of Green Medical Glove Trademark

Today, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re: PT Medisafe Technologies affirming the Trademark Trial and Appeal Board's (TTAB) application of its test for genericness in color marks.

Intellectual property law

Color Mark Denial on Dark Green Medical Gloves

The Supreme Court permits colors as trademarks, but their distinctiveness remains a challenge.

The Federal Circuit rejected a trademark claim for the dark green gloves due to their commonality.

The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University

HBO faces potential legal challenges from Duke University regarding the use of a T-shirt logo in 'White Lotus'.

The situation raises questions about trademark infringement versus artistic freedom.

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Tariffs Are Reshaping Supply Chains-Is Your Trademark Strategy Vietnam-Ready?

Vietnam is emerging as a leading alternative for companies looking to reduce reliance on China for manufacturing, but IP law nuances must be navigated carefully.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Dismisses Bid to Cancel New Orleans Saints' Fleur-de-Lis Mark

Mr. Messier has not alleged that he or his family make, offer for sale, or sell any products or services using a fleur-de-lis design.

National Football League

Federal Circuit Affirms Refusal of CHICKEN SCRATCH Mark for Beer

The Federal Circuit upheld the TTAB's refusal to register the CHICKEN SCRATCH trademark for beer due to confusion with an existing restaurant services trademark.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider Registration

The CAFC upheld the TTAB's decision dismissing opposition against iVoters marks, emphasizing that prior-use marks weren't protectable.

Podcast

The Briefing: Court Drowns Pepperdine's 'Waves' Trademark Battle Against Netflix

The court favors educational institutions in trademark disputes against larger entities, impacting entertainment branding.

The Jack Daniel's ruling is crucial in reshaping trademark law within the entertainment sector.

#genericness

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Generic terms can attain trademark registration if consumer perception changes over time.

The timing of genericness is crucial for trademark registration decisions.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor's Mark Won't Confuse

The CAFC upheld that the term 'fireball' is not generic in the context of current trademark law.

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Generic terms can attain trademark registration if consumer perception changes over time.

The timing of genericness is crucial for trademark registration decisions.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor's Mark Won't Confuse

The CAFC upheld that the term 'fireball' is not generic in the context of current trademark law.

more#genericness

The Briefing: The Stanley Cup Clash - A Trademark Battle

Stanley Black & Decker faces a lawsuit regarding trademark disputes linked to the popular Stanley Travel Cup.

Corporate Shells and Legal Loopholes: The Dewberry Decision's Trickster Legacy

The Supreme Court's decision may encourage corporate structuring to shield profits from trademark liability.

Social media marketing

fromwww.nytimes.com

Meghan's New Name? He's Been Using It for Years.

Mark Kolski's vintage brand 'As Ever' faces potential trademark issues after Meghan Markle launched a cooking brand with the same name.

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Other Barks & Bites for Friday, February 21: USPTO Commissioner for Trademarks is Leaving; FTC Seeks Public Comments on Tech Censorship; CAFC Affirms Descriptiveness Refusal Over Estoppel Arguments

USPTO leadership changes as Commissioner David Gooder steps down, with Dan Vavonese becoming Acting Commissioner.

When Doing the Same Thing Over and Over Isn't Insane: Trademark Refilings in China

Brand owners are already seeing benefits from China's New Rules of Suspension of Examination during Trademark Review Procedures, but 'refilings' still hold a valuable place in China's trademark landscape.

Intellectual property law

Black Lives Matter

fromwww.mercurynews.com

fromIPWatchdog.com | Patents & Intellectual Property Law

Black church in DC that was vandalized by the Proud Boys gains control over the group's trademark

Historic ruling grants a Black church control over Proud Boys trademark after group defaults on a substantial judgment.

Miscellaneous

fromenglish.elpais.com

7 months ago

Havana Club rum war escalates: Biden bans brands confiscated by Fidel Castro

The Biden administration's new law impacts trademark claims, intensifying the Cuban rum dispute with historic roots and current international implications.

8 months ago

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

Judge Collins, dissenting, called the orders 'confusing' and said they revealed that the district court was applying the incorrect legal standard.

Intellectual property law