In Jack Daniel’s v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable “Bad Spaniels” dog toy shaped like a bottle of Jack Daniel’s whiskey violated Jack Daniel’s trademark rights. VIP claimed its dog...more
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
9/23/2024
/ Abandonment ,
Business Assets ,
Business Partners ,
Co-Ownership ,
Estate Planning ,
Personal Services ,
Probate ,
Sole Ownership ,
Trademark Cancellation ,
Trademark Registration ,
Trademarks ,
USPTO
TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more
Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more
Trademark litigants should heed the cautionary tale in this case – develop your arguments or risk waiving them. The United States Court of Appeals for the Federal Circuit continued its recent scrutiny of the practices of the...more
The legal landscape for trademark owners changed significantly in 2023 because in Spireon v. Flex Ltd, 2023 USPQ2d 737, the Court of Appeals for the Federal Circuit flipped the burden of proof for third-party registration...more
Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry is...more
The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration, or whether such a refusal...more
Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] Trademark litigation can be long and costly. But the Court quickly dismissed...more