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Trademark Registration Trademark Litigation Inherently Distinctive

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

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: Fruity...more

Linda Liu & Partners

Can “Coined Trademarks” Rest Easy? A Brief Analysis of the Inherent Registrability of English Coined Trademarks from a Perspective...

Linda Liu & Partners on

In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more

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

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more

Dorsey & Whitney LLP

Are Color Trademarks on Product Packaging Inherently Distinctive?

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On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

Ballard Spahr LLP

What’s "Kicking" at the ITC – the All Star Sneaker Battle

Ballard Spahr LLP on

One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more

Hogan Lovells

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Hogan Lovells on

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

Hogan Lovells

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

Hogan Lovells on

Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) - The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free...more

Chambliss, Bahner & Stophel, P.C.

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Foley & Lardner LLP

Can You Identify Your Trade Dress?

Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

Dorsey & Whitney LLP

No Room at the USPTO: TTAB Rejects Booking.com Trademarks As Generic

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Many online businesses prefer to use domain names that communicate as clearly and concisely as possible the types of goods and services offered on their websites. That may be good marketing strategy. But as a recent decision...more

Foley Hoag LLP - Trademark, Copyright &...

Date Me, Snog Me But Don’t Meet Me in the European Trademark Office

“Be creative!” is an important piece of advice which you often hear from European trademark lawyers. Today, more than ever, this recommendation should be taken seriously. The reason is very simple: the Community trademark...more

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