News & Analysis as of November 17, 2024

Trademark Litigation

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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 +

Federal Circuit Holding in Crocs v. Effervescent Puts the Shoe on the Other Foot

Sullivan & Worcester on 10/21/2024

On October 3, 2024, in Crocs, Inc. v. Effervescent, Inc., the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product...more

MarkIt to Market® - March 2024: Piling Up Successes by Avoiding Descriptive Dangers

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/2/2024

Joining a series of precedential decisions about descriptiveness, the Trademark Trial and Appeal Board recently affirmed a refusal to register Sheet Pile, LLC’s (“Applicant”) mark ZPILE on the Principal Register, on the...more

If a Good is not a Good, then a Trademark is not a Trademark

Buckingham, Doolittle & Burroughs, LLC on 4/13/2023

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

Third Circuit Vacates Trademark Infringement Award, Clarifying Standards to be Applied by Trial Courts

Saiber LLC on 12/23/2021

In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/6/2020

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

Federal Circuit Withdraws Ruling on Trademark Preclusion of ITC Determinations

McDermott Will & Emery on 10/14/2019

In response to a petition for rehearing by the intervenors, the US Court of Appeals for the Federal Circuit vacated part of an earlier precedential decision noting the lack of preclusive effect of trademark decisions by the...more

MarkIt® to Market - April 2019: What’s The Point (Of Sale Display)?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/9/2019

On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more

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