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Fair Use › Trademark Infringement › United States Patent and Trademark Office

ArentFox Schiff

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

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After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

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Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Dorsey & Whitney LLP

Gatorade: The Sport Fuel Company for “Average Joes”

Dorsey & Whitney LLP on

In 2016, SportFuel sued PepsiCo for using their registered trademark “SPORTFUEL” in a slogan used to advertise Gatorade products. SportFuel is a personalized nutrition consulting firm in Chicago. ...more

K&L Gates LLP

A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

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Key Takeaways - Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms. ...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

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All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Akerman LLP

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

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In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Akerman LLP - Marks, Works & Secrets

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

Akerman LLP - Marks, Works & Secrets on

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Knobbe Martens

Trademark Review | February 2016

Knobbe Martens on

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Pillsbury - Internet & Social Media Law Blog

Hashtags, Trademarks and One #ProudMama

Pillsbury - Internet & Social Media Law Blog on

We have previously discussed how the use of the hashtag in trademarks is continuously evolving. As it turns out, the latest evolutionary wrinkle might have started to form this past March, thanks to one of pop culture’s more...more

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