News & Analysis as of

United States Patent and Trademark Office Trade Dress Trademarks

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

Vondran Legal

Proper grounds to cancel another companies trademark

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In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Womble Bond Dickinson

Trade Dress Rights Asserted in Chandelier Cloud Configuration

Womble Bond Dickinson on

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023,...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Foley & Lardner LLP

Building Distinction in Architectural Trade Dress

Foley & Lardner LLP on

The shape of a building can be registered as inherently distinctive trade dress in the United States – if it is distinctive and unusual for buildings of that type – holds the U.S. Patent and Trademark Office Trademark Trial...more

Vondran Legal

Don’t Forget to Protect Your Product Packaging and Product Designs With IP

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Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more

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

MarkIt to Market® - June 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Whitcomb Selinsky, PC

What is the Difference Between Trademark and Trade Dress?

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Trade dress constitutes a symbol or device within the meaning of 2 of the Trademark Act. It encompasses Trade dress constitutes a symbol or device within the meaning of 2 of the Trademark Act. It encompasses the total image...more

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

Pierce Atwood LLP on

There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Knobbe Martens

The Statutory Presumption of Validity of a Federally Registered Trade Dress Applies Even Where the Trademark Examiner May Not Have...

Knobbe Martens on

SOCLEAN, INC. v. SUNSET HEALTHCARE SOLUTIONS, INC. Before Newman, Lourie, and Prost.  Appeal from the United States District Court for the District of Massachusetts. Summary: A trademark is entitled to a statutory...more

Dunlap Bennett & Ludwig PLLC

What are the Types of Trademarks

Most people think of a “trademark” as a word or a logo. But, what is a “trademark?” can be a surprisingly complicated question and by far supersedes most people’s imagination....more

Venable LLP

Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual...

Venable LLP on

​​​​​​​As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change...more

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

MarkIt to Market® - July 2022: How to Ensure Your Trade Dress Doesn't Go to Hell in a Handbasket

In a recent precedential1 opinion, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds...more

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

MarkIt to Market® - July 2022

Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks. We also highlight recent...more

Snell & Wilmer

Trade Dress: What It Is and How to Protect It

Snell & Wilmer on

I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more

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

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

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

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Husch Blackwell LLP

Anatomy Of A Beer Label: Part III

Husch Blackwell LLP on

In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a...more

Morgan Lewis

Protecting Automotive and Mobility Brands

Morgan Lewis on

Automotive and mobility manufacturers boast some of the most well-known brands in the world, but imitation isn’t a form of flattery for companies trying to protect their valuable marks. As the automotive and mobility market...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2020 #1

PATENT CASE OF THE WEEK - Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) - In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of...more

McDermott Will & Emery

Federal Circuit Confirms Color Marks of Certain “Character” Can Be Inherently Distinctive for Product Packaging

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Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient...more

Morgan Lewis

Federal Circuit: Color Marks for Product Packaging Can Be Inherently Distinctive

Morgan Lewis on

Marking a significant departure from Trademark Manual of Examining Procedure guidelines, the US Court of Appeals for the Federal Circuit overturned an administrative decision by the Trademark Trial and Appeal Board that had...more

Foley Hoag LLP - Making Your Mark

Cultural and Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions

If you haven’t heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days, as it does every September and February, highlighting the latest...more

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