News & Analysis as of

Trademark Application Domain Names Trademarks

Neal, Gerber & Eisenberg LLP

USPTO and Trademark Services Fraud Schemes

Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information...more

Hogan Lovells

Domain Name News: September 2023 - Anchovy News

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This is the September edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more

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

MarkIt to Market® - January 2023: Marking Yourself Safe From Trademark Scams in 2023

As 2023 gets underway, we would like to remind our readers to remain vigilant for trademark scams, which target both new application filers and established brands, and have been known to arrive via email, mail, fax, and even...more

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

MarkIt to Market® - January 2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

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

MarkIt to Market® - November 2022

Thank you for reading the November 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we address a precedential TTAB decision that presents interesting priority issues relating in particular to the...more

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

MarkIt to Market® - August 2022

Thank you for reading the August 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a Show Cause Order recently issued by the USPTO to combat thousands of fraudulent trademark applications. We...more

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

MarkIt to Market® - May 2022

Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants...more

McDermott Will & Emery

This .SUCKS: Trademark Applications for Identical Characters Is a No-Go

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (Board) decision affirming the US Patent and Trademark Office’s (PTO) refusal to register two trademark applications for “.SUCKS.” In...more

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

MarkIt to Market® - December 2021

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more

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

MarkIt to Market® - September 2021

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

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

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Smart & Biggar

Domain name solicitation fraud – brand owners beware

Smart & Biggar on

Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that...more

Dechert LLP

2021 Trends in Trademarks

Dechert LLP on

Big challenges in clearing new brands - U.S. trademark applications skyrocket - China accounts for 25 percent of U.S. filings - Fraudulent applications abound - “Are We Running Out of Trademarks?” The authors of a Harvard Law...more

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

MarkIt to Market® - January 2021

[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

International Lawyers Network

Can Trademarks having Domain Indicators Like “Dot Com” be Registered?

Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is...more

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

MarkIt to Market® - November 2020

[co-author: Joseph Diorio, Law Clerk] The November 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a rare failure-to-function refusal reversal at the TTAB, Google's efforts to combat counterfeit goods,...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues Guidance on Examination of Generic.com Terms

In June of this year, the US Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not per se generic. (USPTO v. Booking.com). In response,...more

Morrison & Foerster LLP

Landmark Trademark Protection Case Before Supreme Court

United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more

Fenwick & West LLP

Booking Generic Domains

Fenwick & West LLP on

The U.S. Supreme Court will soon determine whether combining a generic term with a generic top-level domain (gTLD) such as .com can ever be a protectable trademark. Regardless of how the Court rules in U.S. Patent & Trademark...more

Dorsey & Whitney LLP

Booking.com Heads to the High Court

Dorsey & Whitney LLP on

Last Friday, the U.S. Supreme Court granted the USPTO’s writ of certiorari to review traveling website company Booking.com’s trademark application for “booking.com”. The TMCA previously covered developments in this case here....more

Smart & Biggar

Preparing a trademark strategy: 5 considerations for start-ups

Smart & Biggar on

Most entrepreneurs have a general understanding that trademarks are good for business. However, many overlook the importance of having a trademark strategy in place. Simply put, a trademark can be a unique combination of...more

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

MarkIt to Market® - August 2019

The August 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses The Ohio State University's trademark application for the mark "THE" and the current gTLD sunrise period. In this issue: - Well Played -...more

Hogan Lovells

EURid and EUIPO ramp up the fight against cybersquatting

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As part of a collaboration between EUIPO (the EU Intellectual Property Office) and EURid, a new service has been launched that allows EUTM (European trade mark) applicants and rights holders to opt-in to receive alerts as...more

Hutchison PLLC

Markedly Misunderstood: 4 Common Misconceptions About Trademarks

Hutchison PLLC on

Everyone is familiar with Trademarks. We are literally surrounded by them. Trademarks are the words, logos, packaging and other devices that we use to differentiate goods and services from each other and are how we can...more

Hogan Lovells

The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use

Hogan Lovells on

For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United...more

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