Posts in Trademark

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential decision affirming the Trademark Trial and Appeal Board’s (TTAB’s) cancellation of the registration for the mark I AM MORE THAN AN ATHLETE. GP GAME PLAN. The CAFC also dismissed Game Plan, Inc.’s opposition to Uninterrupted IP, LLC’s (UNIP’s) six intent-to-use applications for marks containing I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE. The opinion was authored by Judge Reyna.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today authored by Chief Judge Moore reversing the Trademark Trial and Appeal Board’s (TTAB’s) affirmance of a refusal to register the mark KAHWA for cafes and coffee shops.

On December 5, The New York Times Company (the Times) filed a complaint for copyright and trademark infringement against Perplexity AI, Inc. in the U.S. District Court for the Southern District of New York, adding another major lawsuit to the growing wave of litigation against generative artificial intelligence (AI) companies. The Times alleged in its filing that Perplexity engaged in “large-scale, unlawful copying and distribution” of millions of its articles to build its AI-powered “answer engine.” The complaint argued that Perplexity’s products directly substitute for the newspaper’s own content, thereby undermining its business and devaluing its journalism. Perplexity’s conduct “threatens this legacy and impedes the free press’s ability to continue playing its role in supporting an informed citizenry and a healthy democracy,” the Times argued.

The U.S. Court of Appeals for the Ninth Circuit on Wednesday affirmed a district court’s decision to grant a temporary restraining order (TRO) in a trademark dispute between two tech companies, IYO, Inc., and IO Products, Inc, which merged with OpenAI in May 2025. The order prevents IO, a company co-founded by Sam Altman and Jonathan Paul Ive, from using the IO mark in connection with products that are related to IYO’s AI-based “audio computer.”

The U.S. Supreme Court on Monday denied certiorari on a petition filed by PT Medisafe asking the Court to overturn a precedential U.S. Court of Appeals for the Federal Circuit ruling upholding the U.S. Patent and Trademark Offices (USPTO’s) approach to genericness for color trademarks. Medisafe filed a trademark application claiming the color dark green for the surface of chloroprene examination gloves. The USPTO trademark examiner found that Medisafe’s claimed mark was generic despite a declaration from Medisafe’s Executive Vice President, as well as promotional literature and color advertisements within the industry.

The World Intellectual Property Organization (WIPO) today released its second edition of the WIPO Pulse comprehensive survey, titled “Global intellectual property perception survey 2025,” analyzing the perceptions of intellectual property of 35,500 respondents in 74 countries that represent approximately 80% of the target population aged 18 to 65 worldwide between February 20 and April 25.

Today, Mrs Justice Joanna Smith DBE of the United Kingdom’s High Court of Justice issued a highly awaited ruling in Getty Images (US) Inc. v. Stability AI Ltd., a case which was expected to have major implications in determining liability for generative artificial intelligence (AI) developers under UK intellectual property law. The 205-page decision, which mainly focuses on Getty’s trademark claim while also clarifying important aspects of secondary copyright liability in the AI context, failed to address certain fundamental questions in large part because Getty failed to raise sufficient evidence to proceed with its claim of primary copyright infringement at trial.

U.S. Patent and Trademark Office (USPTO) Director John Squires delivered his first public remarks on Friday, addressing a number of key issues he has been focused on during his first five weeks in office. With respect to the Office’s backlog, he told attendees of the American Intellectual Property Law Association (AIPLA) Annual Meeting that his administration “inherited an unexamined patent application backlog that was an absolute dumpster fire.”

This week on IPWatchdog Unleashed, I explored the complex, fascinating and scandalous world of counterfeits, dupes and fakes with my guest, Gina Johnson, Chief Legal Officer of Ridge Wallet. Johnson shared her experiences and insights into fighting the never-ending onslaught of copycats and nefarious actors. Sadly, a successful company with a desirable product and brand must constantly remain vigilant to exclusively sell its products online, even when it has intellectual property that should offer protection against such flagrant violations.

On September 8, the U.S. Court of Appeals for the Ninth Circuit issued a much-awaited ruling reversing the trial court’s dismissal of trademark claims filed by Trader Joe’s against the labor union Trader Joe’s United. The grocery franchise specifically protested the union’s sale of tote bags and other merchandise bearing the name “Trader Joe’s United.”  According to Trader Joe’s, this was a commercial use that caused consumer confusion related to sales of goods, thus exceeding the permissible function of simply identifying the union as being Trader Joe’s-related. The lower court dismissed the claims, but the appellate court reversed, on the basis that the merit of the claims could not be decided at such an early stage.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., affirming-in-part, reversing-in-part, vacating-in-part, and remanding for a new trial involving patent, trademark, and trade dress infringement claims related to “hookless” shower curtains. The opinion, authored by Circuit Judge Chen, with Chief Judge Moore and Circuit Judge Clevenger joining, held that while the U.S. District Court for the Southern District of New York properly denied Kartri Sales Co., Inc.’s and Marquis Mills, International, Inc.’s venue transfer motion and unclean hands defense, it erred in several of its infringement findings and damages awards.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday issued a precedential decision in Apex Bank v. CC Serve Corp., affirming-in-part, vacating-in-part, and remanding a decision of the Trademark Trial and Appeal Board (TTAB) refusing registration of the marks ASPIRE BANK. The opinion, authored by Circuit Judge Hughes, with Chief Judge Moore and Circuit Judge Cunningham joining, held that the TTAB correctly found the parties’ services highly similar under the second DuPont factor but erred in applying an inconsistent and overly narrow standard when analyzing third-party marks under the sixth DuPont factor.

As we reported he would be yesterday, John Squires today was officially confirmed by the U.S. Senate to be the next Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) as part of an en bloc vote on 48 pending Trump nominees. The confirmations were made by a vote of 51-47.

On Wednesday morning, the U.S. Senate held a series of votes that teed up the confirmation vote for John Squires to serve as Director of the U.S. Patent and Trademark Office (USPTO), along with 47 other Trump Administration nominees, as part of Senate Republicans’ exercise of the “nuclear option” for confirmations recently approved by Senate rulemaking. Squires will take the helm of the USPTO following months of largely patent-friendly PTAB reforms established by Acting Director Coke Morgan Stewart, creating optimism that has recently been undercut by reported efforts to create fee frameworks based on patent valuation.