News & Analysis as of

Trademark Ownership Trademarks

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

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

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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

AEON Law

Patent Poetry: Can countries own trademarks?

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Traditionally, trademarks are used to indicate the source of consumer goods and services – from Coca-Cola soft drinks to Apple computers to Jiffy-Lube oil change shops and iTunes music downloads. ...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

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

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

Nelson Mullins Riley & Scarborough LLP

Dispute Over the Smiths Trademark: "Is It Really So Strange?"

When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The...more

Pillsbury - Propel

Trademark Fundamentals: Likelihood of Confusion

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A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

Seyfarth Shaw LLP

Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

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In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

International Lawyers Network

Case Law Update: The Australian Federal Court’s Approach to Non-English Word Trade Marks

In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Pillsbury - Propel

Trademark Fundamentals: Opposition and Cancellation Proceedings

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For startup founders, navigating the complexities of trademark law is essential for protecting your brand. An important aspect of this process involves understanding opposition and cancellation proceedings. These are formal...more

Pillsbury - Propel

Trademark Fundamentals: Selecting Goods and Services for New Applications

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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

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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: Who Owns a Trademark?

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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

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