News & Analysis as of November 17, 2024

Trademarks › Ornamental Design

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

License to Infringe? Penn State Roars Over Apparel Manufacturer’s Use of Trademarks Without Permission

Kohrman Jackson & Krantz LLP on 4/5/2024

Collegiate merchandise licensing is a thriving and lucrative business generated by the immense popularity and widespread support for college sports teams and institutions. Universities and colleges have devoted fan bases...more

Took a DNA Test, Turns Out “100% THAT BITCH” Is Registrable

McDermott Will & Emery on 2/17/2023

Addressing a refusal to register for failure to function as a trademark, the Trademark Trial & Appeal Board (Board) reversed, finding that the evidence of consumer perception of “100% THAT BITCH” did not demonstrate that the...more

College T-shirts and Trademarks – Ornamental, or Protectable?

Faegre Drinker Biddle & Reath LLP on 9/20/2022

As college freshmen head to campus for the start of classes, there is one vital campus bookstore purchase before classes begin: a T-shirt bearing the college’s logo. This purchase is not only a rite of passage for freshmen;...more

Proud to Be an American God Bless The USA, But Not Functioning as A Trademark

Akerman LLP - Marks, Works & Secrets on 12/7/2020

In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register the trademark GOD BLESS THE USA for home decor items on the ground...more

Latest Federal Court Cases - July 2019 #4

Schwabe, Williamson & Wyatt PC on 7/30/2019

PATENT CASE OF THE WEEK - Automotive Body Parts Ass’n. v. Ford Global Techs., LLC, Appeal No. 2018-1613 (Fed. Cir. July 23, 2019) - Our case of the week is a design patent case. It concerns two primary issues—what...more

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