The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...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
Earlier this month, the Pantone Color Institute announced its Color of the Year for 2023, Pantone No. 18-1750 "Viva Magenta" (think a brighter, more berry version of red velvet cake). In selecting the color representing...more
Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more
Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more
A small hop for chocolate bunnies, a big step for Swiss chocolate manufacturer Lindt & Sprüngli: The German Federal Court of Justice held that the particular shade of golden color is protected for Lindt & Sprüngli as a color...more
Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be...more
For over 20 years, Pantone’s Color of the Year has influenced consumer tastes and product design in industries where aesthetics matter. Last month, the Pantone Color Institute continued its tradition by naming not one, but...more
[co-author: Joseph Diorio, Law Clerk] The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more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
The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...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
Relying on Supreme Court precedent, the Federal Circuit overturned the USPTO’s refusal to register a multi-color trademark for product packaging, holding that color marks can be inherently distinctive depending upon the...more
The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more
Earlier this month, Pantone announced that its color for year 2020 is PANTONE 19-4052 Classic Blue. Pantone describes Classic Blue as a timeless hue, one that is evocative of the sky at dusk, bringing “a sense of peace and...more
The December 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone's color of 2020, a recent precedential decision about descriptive word marks in patent applications, and the new gTLD sunrise period. ...more
On November 25, Moët Hennessy Louis Vuitton (LVMH), the world’s biggest luxury goods group and home to 75 high-end brands, announced that it will buy Tiffany & Co. for $16.2 billion. Tiffany, the American jeweler established...more
During the ECTA annual conference in Edinburgh last week, Andreas Renck spoke about the ongoing battle in registering and defending colour per se marks, in particular the question of how to correctly represent the marks on...more
After five years of anticipation, sweeping changes to Canada’s trademark law will finally come into force on June 17, 2019. The changes, which are substantial, have been canvassed in previous IP Updates. The following briefly...more
2018 was an exciting year for the trademarks profession in Canada. The long awaited changes to our Trademarks Act were announced, many of which will bring us in line this year with the rest of the world. There will also be a...more
Last month, the Pantone Color Institute announced that the color of the year for 2019 is PANTONE® 16-1546 Living Coral. Brand owners have long understood the psychology of color in creating their brand identity. The right...more
The January 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone Color Institute's 2019 color of the year, pointers on protecting logos through copyright registration, Korea's notable amendments to...more
June 17, 2019 is the big day – a day anticipated since 2014. The major changes to the Canadian Trademarks Act will be implemented on this day. What does this mean for trademark owners?...more
The wait is over! The Canadian Privy Council Office recently announced that the long-anticipated changes to Canada’s trademark laws will officially go into effect June 17, 2019. ...more