The Briefing: The Stanley Cup Clash - A Trademark BattleStanley Black & Decker faces a lawsuit regarding trademark disputes linked to the popular Stanley Travel Cup.
Corporate Shells and Legal Loopholes: The Dewberry Decision's Trickster LegacyThe Supreme Court's decision may encourage corporate structuring to shield profits from trademark liability.
The Briefing: Bad Spaniels - Infringement? No. Dilution? YesThe Jack Daniels v. VIP Products case clarified key points of trademark law, especially regarding infringement and dilution.
Fraud on the Court: Finality and the Ghost of Hazel-AtlasThe Supreme Court will review a trademark infringement case focusing on judicial responsibility in addressing fraud.L&L Wings continued using a trademark without rights due to prior contractual failure.
All the IP News that Mattered in 2024Significant changes in IP law will impact legal practice for years to come, especially regarding trademark and First Amendment intersections.
A Tale of Two Dewberries: Corporate Structure vs. Trademark RemediesThe Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.
The Briefing: Bad Spirits - How a Dog Toy Changed TV Title ClearanceThe Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.
Corporate Shells and Legal Loopholes: The Dewberry Decision's Trickster LegacyThe Supreme Court's decision may encourage corporate structuring to shield profits from trademark liability.
The Briefing: Bad Spaniels - Infringement? No. Dilution? YesThe Jack Daniels v. VIP Products case clarified key points of trademark law, especially regarding infringement and dilution.
Fraud on the Court: Finality and the Ghost of Hazel-AtlasThe Supreme Court will review a trademark infringement case focusing on judicial responsibility in addressing fraud.L&L Wings continued using a trademark without rights due to prior contractual failure.
All the IP News that Mattered in 2024Significant changes in IP law will impact legal practice for years to come, especially regarding trademark and First Amendment intersections.
A Tale of Two Dewberries: Corporate Structure vs. Trademark RemediesThe Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.
The Briefing: Bad Spirits - How a Dog Toy Changed TV Title ClearanceThe Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.
Meghan, the Duchess of Sussex, Shares Brand Name With Small Business OwnerMark Kolski's vintage brand shares a name with Meghan Markle's new lifestyle brand, causing confusion and media attention.
Meghan's New Name? He's Been Using It for Years.Mark Kolski's vintage brand 'As Ever' faces potential trademark issues after Meghan Markle launched a cooking brand with the same name.
Sony And Shift Up Sued Over Stellar Blade Name RightsStellarblade is suing over trademark issues arising from the naming of a video game, raising concerns for small businesses in similar situations.
Meghan, the Duchess of Sussex, Shares Brand Name With Small Business OwnerMark Kolski's vintage brand shares a name with Meghan Markle's new lifestyle brand, causing confusion and media attention.
Meghan's New Name? He's Been Using It for Years.Mark Kolski's vintage brand 'As Ever' faces potential trademark issues after Meghan Markle launched a cooking brand with the same name.
Sony And Shift Up Sued Over Stellar Blade Name RightsStellarblade is suing over trademark issues arising from the naming of a video game, raising concerns for small businesses in similar situations.
Other Barks & Bites for Friday, February 21: USPTO Commissioner for Trademarks is Leaving; FTC Seeks Public Comments on Tech Censorship; CAFC Affirms Descriptiveness Refusal Over Estoppel ArgumentsUSPTO leadership changes as Commissioner David Gooder steps down, with Dan Vavonese becoming Acting Commissioner.
When Doing the Same Thing Over and Over Isn't Insane: Trademark Refilings in ChinaChina's new trademark examination rules are beneficial, but refilings remain crucial for brand owners.
The Trademark Race in Generative AI: Positioning for Future SuccessBusinesses must adapt trademark strategies to trends in Generative AI for effective intellectual property protection.Trademark law is evolving quickly due to the rise of Generative AI.Agility is key for businesses to stay competitive in an unpredictable market landscape.
A Lawsuit Against Perplexity Calls Out Fake News HallucinationsNews Corp accuses Perplexity of abusing intellectual property, contrasting it with OpenAI's principled stance on integrity and creativity.
Jack Daniel's Continues, with Trademark Dilution as the New BattlegroundThe Supreme Court ruling in Jack Daniel's v. VIP Products sets a precedent affecting trademark dilution law and free speech rights.Trademark dilution may become the next major legal challenge for free speech in relation to trademarks.
Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of DiscretionOpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.
Other Barks & Bites for Friday, February 21: USPTO Commissioner for Trademarks is Leaving; FTC Seeks Public Comments on Tech Censorship; CAFC Affirms Descriptiveness Refusal Over Estoppel ArgumentsUSPTO leadership changes as Commissioner David Gooder steps down, with Dan Vavonese becoming Acting Commissioner.
When Doing the Same Thing Over and Over Isn't Insane: Trademark Refilings in ChinaChina's new trademark examination rules are beneficial, but refilings remain crucial for brand owners.
The Trademark Race in Generative AI: Positioning for Future SuccessBusinesses must adapt trademark strategies to trends in Generative AI for effective intellectual property protection.Trademark law is evolving quickly due to the rise of Generative AI.Agility is key for businesses to stay competitive in an unpredictable market landscape.
A Lawsuit Against Perplexity Calls Out Fake News HallucinationsNews Corp accuses Perplexity of abusing intellectual property, contrasting it with OpenAI's principled stance on integrity and creativity.
Jack Daniel's Continues, with Trademark Dilution as the New BattlegroundThe Supreme Court ruling in Jack Daniel's v. VIP Products sets a precedent affecting trademark dilution law and free speech rights.Trademark dilution may become the next major legal challenge for free speech in relation to trademarks.
Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of DiscretionOpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.
Black church in DC that was vandalized by the Proud Boys gains control over the group's trademarkHistoric ruling grants a Black church control over Proud Boys trademark after group defaults on a substantial judgment.
Historic Black church given 'Proud Boys' trademark calls for stand against hateA historic Black church now controls the trademark of the extremist group Proud Boys, symbolizing a stand against hate and racism.
Black church in DC that was vandalized by the Proud Boys gains control over the group's trademarkHistoric ruling grants a Black church control over Proud Boys trademark after group defaults on a substantial judgment.
Historic Black church given 'Proud Boys' trademark calls for stand against hateA historic Black church now controls the trademark of the extremist group Proud Boys, symbolizing a stand against hate and racism.
Simon Tam & The Slants: Worth the Fight * Oregon ArtsWatchSimon Tam won a landmark case allowing his band The Slants to trademark their name, highlighting issues of cultural identity and trademarking.
The Dallas Logo Dispute: Design, Identity, and Trademark LawDallas' iconic logo and Triple D Gear's similar design have sparked a legal dispute over trademark confusion.
Ninth Circuit Reaffirms Leniency Towards 'Keyword Conquesting'The Ninth Circuit ruling shows courts' leniency toward keyword conquesting in digital advertising.
Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark DisputesThe U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.
Priority by Two Days: TTAB Grants Cancellation in Domain Name Dispute Turned Trademark BattleTrademark rights are primarily based on the first use principle, which can impact cancellation claims.Intent-to-use applications have significant weight in trademark disputes.Domain name ownership does not guarantee trademark rights without prior use.
Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark DisputesThe U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.
Priority by Two Days: TTAB Grants Cancellation in Domain Name Dispute Turned Trademark BattleTrademark rights are primarily based on the first use principle, which can impact cancellation claims.Intent-to-use applications have significant weight in trademark disputes.Domain name ownership does not guarantee trademark rights without prior use.
APPLE JAZZ Owner Delivered Blow in Latest Stage of Battle with AppleBertini continues his legal struggle against Apple for trademark rights over 'APPLE JAZZ', facing multiple legal setbacks.
Federal Circuit: Pink Hip Implants Are Functional, Cannot Be Protected as Trade DressFederal Circuit upheld TTAB's cancellation of CeramTec's pink color trademark for hip implants, illustrating functionality's impact on trade dress.Trade dress discussions are vital for patent attorneys to prevent loss of protection due to functional claims in utility patents.
CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality DoctrineThe Federal Circuit affirmed the cancellation of CeramTech's trademark for pink-colored ceramic hip components due to functionality concerns related to utility patents.
Ceramtec GMBH v. Coorstek Biocermanics LLCThe case underscores the complexity of trademark functionality doctrine in the medical device industry, particularly regarding product coloration and patent-exhaustion.
Federal Circuit: Pink Hip Implants Are Functional, Cannot Be Protected as Trade DressFederal Circuit upheld TTAB's cancellation of CeramTec's pink color trademark for hip implants, illustrating functionality's impact on trade dress.Trade dress discussions are vital for patent attorneys to prevent loss of protection due to functional claims in utility patents.
CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality DoctrineThe Federal Circuit affirmed the cancellation of CeramTech's trademark for pink-colored ceramic hip components due to functionality concerns related to utility patents.
Ceramtec GMBH v. Coorstek Biocermanics LLCThe case underscores the complexity of trademark functionality doctrine in the medical device industry, particularly regarding product coloration and patent-exhaustion.
Top Trademark Cases in 2024 and What to Watch in 2025Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.
KFC Abrubptly Drops 'Original Recipe' Tradeamark Suit Against Church's ChickenKFC's lawsuit against Church's Chicken over 'Original Recipe' has been dropped after an undisclosed amicable resolution.
Havana Club rum war escalates: Biden bans brands confiscated by Fidel CastroThe Biden administration's new law impacts trademark claims, intensifying the Cuban rum dispute with historic roots and current international implications.
LIZZIE BORDEN Mark 'Whacked' by Appellate Court: But Was it Deserved?Trademark law can complicate business operations in historically significant locations like Fall River, Massachusetts.The First Circuit's ruling reflects a balancing act between competing businesses inspired by the same historical figure.
Thom Browne wins in Adidas trademark battle over stripe patternA U.K. judge rules that Adidas cannot claim ownership over stripes, marking a significant win for designer Thom Browne.
Katy Perry wins appeal in trademark legal case against Sydney fashion label Katie PerryKaty Perry won her trademark lawsuit against an Australian designer, establishing her right to the 'Katie Perry' trademark based on prior usage.
Thom Browne wins in Adidas trademark battle over stripe patternA U.K. judge rules that Adidas cannot claim ownership over stripes, marking a significant win for designer Thom Browne.
Katy Perry wins appeal in trademark legal case against Sydney fashion label Katie PerryKaty Perry won her trademark lawsuit against an Australian designer, establishing her right to the 'Katie Perry' trademark based on prior usage.
Government Opposition to Chestek's Cert PetitionThe USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.
What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark ApplicationsImproper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.
Government Opposition to Chestek's Cert PetitionThe USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.
What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark ApplicationsImproper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.
The Second Circuit's Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?The Second Circuit aims to balance artistic expression against trademark exploitation in the Hermès v. Rothschild case.
Federal judge orders Oakland airport to stop using 'San Francisco' in nameOakland's airport name change is temporarily blocked by a court due to trademark infringement concerns with San Francisco airport.
Sorry, Gas Companies - Parody Isn't Infringement (Even If It Creeps You Out)Activism often utilizes parody and cultural commentary to address serious issues, exemplified by Modest Proposals' Repaer initiative against the LNG industry.
Pro sports teams have run out of names. Here's a big reason whySports teams are moving toward generic names due to trademark challenges.'Bos Nation FC' reflects a trend of simplified team branding in sports.Intellectual property concerns shape naming conventions for new teams.
EasyJet founder Stelios goes after 'brand thieves' aggressivelyTrademark enforcement is crucial for brand protection, as exemplified by easyGroup's actions against those using the 'easy' prefix.
Stellar Blade developer Shift Up and Sony are being sued by Stellarblade, in a Spiderman meme-style name trademark battleStellarblade film company sues Shift Up and Sony over trademark infringement concerning the game 'Stellar Blade', citing unfair competition and damage to its brand.
Paralympic Games: Olympic Rings Tattoos Now AllowedThe ban on Olympic rings tattoos for Paralympic athletes has been lifted, raising legal and ethical questions.
Not very demure: TikTok creator faces a legal battle over her own catchphraseJools Lebron's catchphrase success highlights the urgent need for influencers to secure trademarks to protect their brands.
To 'Obtain' or Not to 'Obtain'? That is Still the QuestionThe Federal Circuit applies inconsistent interpretations of 'obtain' in patent and trademark contexts, leading to confusion regarding legal standards.
Trademark lawyer is profiting from Harris-Walz foresightTrademark lawyer Jeremy Eche profited significantly by strategically purchasing and selling political domain names, demonstrating the lucrative nature of political cybersquatting.
The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark RulingGabby’s Table was denied trademark registration due to lack of distinctiveness, impacting how businesses approach affiliate marketing.This decision emphasizes the need for brands to consider trademark protections carefully.
Other Barks & Bites for Friday, June 7: Class Action Lawsuit Accusing Google of Copyright Infringement Dismissed; the WHO Releases Report on Health, Innovation and IP; EU Court Bans McDonald's from using Big Mac Mark for Chicken SandwichesAI copyright lawsuits dismissed against Google and MicrosoftMcDonald's Big Mac trademark revoked in EU for poultry productsTop 100 U.S. universities for granted utility patents announced by NAI
Trump Too Small: Supreme Court Upholds Lanham Act's Restriction on Registering Marks With Living Individual's Names Without ConsentThe Supreme Court ruled that the Lanham Act's 'names clause' does not violate the First Amendment, distinguishing it from prior decisions on disparaging and scandalous marks.