News & Analysis as of

Intellectual Property Protection Goods or Services Trademarks

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

DarrowEverett LLP on

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Manatt, Phelps & Phillips, LLP

Remember My Origin: Federal Circuit Establishes Standard for Certification Mark Fame

Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

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: Fourth...more

Pillsbury - Propel

Trademark Fundamentals: Distinctiveness

Pillsbury - Propel on

In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more

Erise IP

What’s Trending in Trademarks, July 2024: Suit Against Prime Hydration Puts Unique Olympic Trademark Law on Display; Are Two...

Erise IP on

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: Suit...more

Pillsbury - Propel

Trademark Fundamentals: Selecting Goods and Services for New Applications

Pillsbury - Propel on

As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the...more

Pillsbury - Propel

Trademark Fundamentals: Use in Commerce

Pillsbury - Propel on

Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

Pillsbury - Propel

Trademark Fundamentals: What Is a “Basis” for a Trademark Filing?

Pillsbury - Propel on

When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and...more

Pillsbury - Propel

Trademark Fundamentals: What Is a Specimen of Use?

Pillsbury - Propel on

As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more

Pillsbury - Propel

Trademark Fundamentals: Who Owns a Trademark?

Pillsbury - Propel on

When launching a startup, it’s crucial to establish a strong brand identity, which often includes selecting a unique name, logo and other identifiers that distinguish your products or services in the marketplace. One key...more

Pillsbury - Propel

Trademark Fundamentals: What Is a Trademark?

Pillsbury - Propel on

For startups venturing into competitive business landscapes, protecting your brand is not just an option—it’s a necessity. One of the most effective ways to protect the investment you make in building your brand identity is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – July 2024: Quarterbacks Face Off in Trademark Bowl

NFL quarterbacks are known for going head to head on the gridiron, but two of the NFL’s top QB’s are now squaring off in the trademark arena. Earlier this month, Lamar Jackson filed two oppositions against FL101, a company...more

Dorsey & Whitney LLP

Rap Music and Cognac: The Federal Circuit Considers if the Mix is Strong Enough to Protect Cognac as a Geographic Indicator

Dorsey & Whitney LLP on

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

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

Erise IP on

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: Toms...more

Farella Braun + Martel LLP

Certification Marks and Fame

Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

Butler Snow LLP on

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

Seyfarth Shaw LLP

A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

Seyfarth Shaw LLP on

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – April 2024: Trademarks are for Parents, Not Children

Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – April 2024

Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB...more

Partridge Snow & Hahn LLP

Choosing a Strong Trademark: The Foundation for Creating a Distinctive Brand

A “trademark” is any word, phrase, logo or design that identifies the source of goods or services. Trademarks are used to distinguish one’s products and services from those of another. The strength of a trademark depends on...more

International Lawyers Network

Should Disclaimers Always Be Made in U.S. Trademark Applications?

Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your...more

International Lawyers Network

Australian Intellectual Property Reforms Ahead

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment...more

Faegre Drinker Biddle & Reath LLP

Connecting with Digital Natives through Brand Protection

With the constant rise of counterfeiting, protecting one’s brand is now more important than ever. Many brand owners already take protective steps to protect their brands such as registering brands through trademark and...more

Foley Hoag LLP - Making Your Mark

Upcycling at the Super Bowl

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item....more

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