Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging. At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
"Trademark ownership trumps personal identity in commerce," she said. "The Beckham family has strategically protected the 'BECKHAM' brand since 2000 across multiple classes of goods and services. This isn't just family drama, it's a clear example of trademark strategy colliding with personal autonomy."
Circuit Judge Gabriel Sanchez said the strength of the Trader Joe's name, the chain's own sale of tote bags, and the "strikingly similar" marks featuring the same red color, similar fonts and concentric circles could confuse consumers. "This is not one of the rare trademark infringement cases in which there is no plausible likelihood that a reasonably prudent consumer would be confused," Sanchez wrote.
In a divided decision that highlights ongoing tensions around trademark law's Failure to Function doctrine, the Federal Circuit in In re Brunetti, No. 2023-1539 (Fed. Cir. Aug. 26, 2025), vacated a TTAB refusal to register the word FUCK as a trademark for various consumer goods and retail services. The court rejected most of applicant Erik Brunetti's constitutional challenges but concluded that the Board failed to articulate a coherent standard for determining when widely-used words can function as source identifiers.
The U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc., reversing the Trademark Trial and Appeal Board's dismissal of Sunkist's opposition to Intrastate's trademarks. The decision highlights concerns regarding the use of non-trademark images in assessing likelihood of confusion between similar marks.
The Fifth Circuit's ruling in Reed v. Marshall establishes that trademark infringement claims under the Lanham Act cannot be sustained between co-owners of a trademark.
Today, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re: PT Medisafe Technologies affirming the Trademark Trial and Appeal Board's (TTAB) application of its test for genericness in color marks.