(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: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal
(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!
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 – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Podcast - The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal
The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal
Season Three Trailer
5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance
Podcast: The Briefing by the IP Law Blog - Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The Briefing by the IP Law Blog: Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The Briefing by the IP Law Blog: SPIN Trademark Has Peloton Wrapped Around the Axel
The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The...more
The Court of Appeals for the Federal Circuit recently affirmed a denial by the U.S. Trademark Trial and Appeal Board (TTAB) of an application filed by fashion house Vetements Group AG for VETEMENTS for various articles of...more
In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more
On June 13, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB or Board) nonprecedential decision finding no likelihood of confusion between opposer Château Lynch-Bages’ and applicant Château Angélus...more
In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the...more
Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more
In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more
In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more
Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more
A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more
In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more
In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) - On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is...more
The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE - Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Continuous-use evidence is not necessarily prima facie evidence of acquired distinctiveness...more
The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael...more
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC - Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. In assessing genericness, the TTAB considers how the mark was understood at the time of...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] - Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. The zone of natural...more
On March 20, 2025, the U.S. Trademark Trial and Appeal Board (TTAB) granted an opposition filed by Jack’s Family Restaurants, LP, and denied an application filed by Jack’s Grill and Billiards, Inc., to register JACK’S...more
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
The US Court of Appeals for the Federal Circuit upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks, ruling that an opposition challenger could not use the zone of natural expansion doctrine to...more