News & Analysis as of

Trademark Ownership

Hogan Lovells

Legal 500 United States: Trademark Disputes Q&A

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To represent a client before Court in respect of a potential trademark infringement matter, do you require a Power of Attorney – and if so, what are the execution formalities required by your courts? No. A specific power of...more

McGlinchey Stafford

The #1 Reason to Register Your Trademark

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There are many valuable benefits of registering one’s trademark with the United States Patent and Trademark Office (USPTO). A cursory Internet search will yield dozens of articles on the “Top 10” or “Top 5” reasons to...more

Fish & Richardson

Trademark Owners May Play Only Zone Defense at the TTAB

Fish & Richardson on

In a precedential decision invoking the “zone of natural expansion” doctrine, on March 19, 2025, the Federal Circuit upheld a decision by the U.S. Trademark Trial and Appeal Board (TTAB) cancelling in part registrations for...more

Offit Kurman

Trademark Registration Misconceptions: What Brand Owners Should Know

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Many business owners view trademark registration as a smart investment—and they’re right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger...more

Snell & Wilmer

Fourth Circuit Holds Additional Evidence Needed to Determine Whether “MOKE” is Generic

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The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (“TTAB”) where Moke America LLC...more

Troutman Pepper Locke

Can My Trademark Be a Victim of Genericide? — No Infringement Intended Podcast

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In this episode, Rusty Close and Austin Padgett discuss what happens when a trademark becomes so common and descriptive that it reaches the point of being generic. They explore how trademark owners can protect their...more

Foster Swift Collins & Smith

“Three-peat” Use Agreement in Place if Chiefs Win Super Bowl

The Kansas City Chiefs and the Philadelphia Eagles are playing in Super Bowl LIX this Sunday, February 9. If the Chiefs win, this will be their third consecutive Super Bowl win, and, according to the Kansas City Star via...more

McDermott Will & Emery

Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties’ stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Leverage Your IP - Residual Goodwill in Trademarks

Williams Mullen on

In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted....more

Smart & Biggar

Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

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Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that...more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

DLA Piper on

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

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

Beams of Light Fail to Strike a Chord with the Board

The Guitar Hotel in Hollywood, Florida is a hotel in the shape of the body of a guitar, with six lit-up “strings” running vertically up the surface of the building. At 7 pm daily, the hotel conducts a music and light show...more

Jones Day

Trademark Scams 101: Common Signs of Scams and How to Avoid Them

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Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify....more

Moritt Hock & Hamroff LLP

Rising US Trademark Fees Include Avoidable Surcharges

The United States Patent and Trademark Office (USPTO) has announced changes and increases to certain trademark application filing fees and other charges. The new fees will take effect on January 18, 2025....more

Saul Ewing LLP

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

Saul Ewing LLP on

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

Coblentz Patch Duffy & Bass

U.S. Trademark Fee Changes and Increases Coming January 18, 2025—What Trademark Owners Should Know  

The United States Patent and Trademark Office (PTO) has issued its Final Rule with adjusted filing fees at all stages of trademark application and maintenance filings. The fee increases, which take effect on January 18, 2025,...more

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

I'm Not Dead Yet! NYT Connections Puzzle Snafu and How to Prevent Genericide 

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your...more

Faegre Drinker Biddle & Reath LLP

Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

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To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Willcox & Savage

Trademark Board Finds No Sovereign Immunity to Opposition Proceeding

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The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more

Lerman Senter PLLC

Broadcasts and Promotions Related to the MLB Postseason and World Series - 2024

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The Major League Baseball (MLB) Postseason is underway, and the World Series will start on October 25, 2024. Your radio or television station may want to be involved in promotions that are tied to the baseball...more

DarrowEverett LLP

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

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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

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

MarkIt to Market® – September 2024: Marijuana’s Potential Reclassification: What It Means for Brand Owners

There is a quite a lot of buzz around potential reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This reclassification, proposed by the DEA and backed by HHS, recognizes...more

Erise IP

What’s Trending in Trademarks, September 2024: Meghan Markle’s Trademark Faces USPTO Pushback, And Can Memes be Marks?

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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: Meghan...more

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