In March 2019, Cologne & Cognac Entertainment of New Jersey filed a trademark application at the USPTO for recordings featuring music and artistic performances, music composition services, production of musical videos in the...more
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more
BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC - Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: A challenger must demonstrate an injury in fact to have...more
While the NFL’s Washington Football Team decides on a more permanent name (likely in 2022), its hopes of trademarking its current moniker have been put on ice. On June 18, 2021, the United States Patent and Trademark Office...more
The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more
PARMIGIANO-REGGIANO cheese and CHAMPAGNE sparkling wine. These are not only delicious products, welcome at any well-appointed summer picnic, but also geographical certification marks – a subset of trademarks limited to use by...more
We are excited to introduce the new look of Sterne Kessler's MarkIt to Market® newsletter! The August 2020 issue discusses a recent precedential TTAB case regarding an attempt to protect Gruyère cheese as a geographic...more
Attorney Elizabeth M. Sbardellati recently presented "Trademarks & Copyrights: How to Protect Your IP Without Breaking the Bank" to a group of women startup owners as part of the Women Founders Network organization. A summary...more
In a recent decision, the Cancellation Division of the European Intellectual Property Office (EUIPO) declared the word trademark MALLE invalid. According to the EUIPO, especially the German public would have understood the...more
The use of figurative signs and words that evoke a geographical area which is associated with a protected designation of origin may constitute an unlawful evocation of the latter. This was the CJEU’s conclusion in its...more
Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes...more
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the...more
Late on September 30, an agreement (USMCA) was reached between the United States, Mexico and Canada which modernizes the 24 year old North American Free Trade Agreement (NAFTA)....more
On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders....more
Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern - King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of...more
Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. ...more
Did you celebrate with a sip of Champagne on New Year’s Eve? Champagne is not just a sparkly beverage consumed around the world, it also refers to the region in northeastern France where the drink originated....more
Beginning October 1, several key changes to the EU trademark regime will come into effect. Removal of "Graphical Representation" Requirement - Arguably of most significance is the elimination of the graphical...more
Many who enjoy champagne have noticed that their favorite cuvée has quietly changed its label. Many of the world’s bottles of bubbly now indicate that they contain “sparkling wine” when they used to be “champagne.” Those who...more
The U. S. Court of Appeals for the Federal Circuit reversed a Trademark Trial and Appeal Board (Board) decision, concluding that the trademark NEWBRIDGE HOME was not primarily geographically descriptive of the goods because...more
I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark...more
Jury Decides Whether Earlier Trademark Can Be Used For Priority - In HANA FINANCIAL, INC. v. HANA BANK, No. 13-1211, the Supreme Court held that whether two trademarks may be tacked for purposes of determining priority...more
Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. ...more