(Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
(Podcast) The Briefing: New California Laws for Digital Replicas Both Live and Dead
(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
(Podcast) The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
PODCAST: Paralegal Insights: A Collaborative Trademark Practice, Series 4
Podcast: The Briefing by the IP Law Blog - USPTO Suspends Applications Including Criticisms of Known Living Figures
The Briefing by the IP Law Blog: USPTO Suspends Applications Including Criticisms of Known Living Figures
The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Podcast: The Briefing by the IP Law Blog - Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute
Season Three Trailer
The Briefing by the IP Law Blog: NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Podcast: The Briefing by the IP Law Blog - NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
JONES DAY TALKS®: Buckeyes Win: Ohio State Secures Trademark for “THE”
On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more
Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more
2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the...more
The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United...more
Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to...more
Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more
Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels." The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement...more
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more
Delineating the boundaries between trademark protection and protected speech has been a long-contested legal issue. On one hand, the Lanham Act governs the use of trademarks to protect consumers from a likelihood of confusion...more
Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in Abitron v. Hetronic, potentially...more
Jack Daniel’s Properties, Inc. v. VIP Products LLC. (Docket 22-148) On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act...more
At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing....more
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
On November 8, 2019, the United States Supreme Court agreed to take up a case that could potentially have a significant impact on domain name owners and those who have invested in promoting their dot-com brand. Can combining...more
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more
Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more