News & Analysis as of October 18, 2024

Trade Dress

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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 +

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

McDermott Will & Emery on 4/25/2024

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

Proper grounds to cancel another companies trademark

Vondran Legal on 11/16/2023

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

Building Distinction in Architectural Trade Dress

Foley & Lardner LLP on 8/24/2023

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

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/28/2022

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

MarkIt to Market® - July 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/27/2022

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

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/31/2021

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

MarkIt to Market® - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/30/2021

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

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

Jones Day on 12/10/2020

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

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

Morgan Lewis on 4/16/2020

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

Trademark Review | January 2015

Knobbe Martens on 1/28/2015

Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more

Trademark Review - Volume 3 | Issue 1 January 2013

Knobbe Martens on 1/30/2013

In This Issue: • Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration • Disney Owns Winnie-the-Pooh Trademarks • Apple Loses Claim Against Amazon for Use of Appstore - Excerpt...more

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