5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law
5 Key Takeaways | Why Trademark Policy Matters to Brand Owners Large and Small
Protecting Your Brand in China
It’s finally here. After months of warnings, announcements, and uneasiness about their application, the U.S. Patent and Trademark Office implemented a number of trademark-related fee changes in January 2025. These fees...more
You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more
At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...more
A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more
The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid...more
Join us for an insightful webinar with our trademark experts, who will guide you through the complexities of global trademark filing. Over this 45-minute session, you will learn how to protect and expand your brand...more
The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark...more
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s Spring Meeting and at the International Trademark Association’s annual meeting on recent developments in United States...more
The World Intellectual Property Organization (WIPO) recently published its annual Madrid Yearly Review, offering a comprehensive overview of the facts, figures, and analyses of the international registration of marks....more
At last week’s INTA Annual Meeting, Sterne Kessler Counsel Lauriel Dalier moderated a discussion with Jason Lott, Managing Attorney for Trademarks Customer Outreach at the United States Patent and Trademark Office, on...more
After nearly a quarter of a century, the World Intellectual Property Organization (WIPO) has approved the passage of a new IP treaty: the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional...more
On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans. The decision centered on the satirical art collective...more
We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark...more
Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we...more
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com). Specifically, the USPTO explains that its website...more
The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and...more
There once was a company named Zotz, Which created toys for tots, It set up abroad, of course! But filing first is KnockOffSource, Can Zotz manufacture? Methink “notz!” First published in Inside magazine, NYSBA, Fall...more
As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law. See here. One of the proposed amendments no...more
Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more
In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act...more
The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our...more
On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more
In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more