Posts in Trademark


Patent litigation returning to pre-2013 levels, says Lex Machina

During 2016’s second quarter, plaintiffs filed a total of 1,282 patent infringement cases in U.S. district court. This is a 33 percent increase in the 958 patent cases filed …
By Steve Brachmann
3 days ago 0

Parent or Subsidiary? Think Twice Before Opting Not to Have the Parent Own the Trademark

Where a company has a complicated ownership structure – perhaps hundreds or even thousands of legal entities ultimately under a single parent company – the trademark practitioner may colloquially …

Uber IP: A primer on the patents, trademarks and copyrights owned by Uber

Uber has also obtained design patent protection for its user interfaces. The user interfaces would not be eligible for protection under trademark law, therefore, design patent protection …
By Audrey Ogurchak
7 days ago 1

Protection of Official Names of States and Prevention of their Registration and Use as Trademarks

Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on …
By Olga Kreshchenko
18 days ago 0

Federal Circuit Affirms Registration of MAYARI over Opposition from MAYA Trademark Holder

Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appealed from the decision of the Trademark Trial and Appeal Board (TTAB) of the United States …

Nike Converse’s ITC strategy a mixed bag

In late 2014, Nike Converse Inc. launched an aggressive attack in the U.S. District Court in Brooklyn against companies including Walmart, Under Armour and Ralph Lauren for …
By Nicholas Rozansky
23 days ago 1

Counterfeit Medicines and the Role of IP in Patient Safety

Given the devastating impact of counterfeit medicines on patients and the importance of intellectual property protection in combating pharmaceutical counterfeiting, it is troubling that the UN High …
By Dr. Kristina Lybecker
1 month ago 0

#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
1 month ago 1

A Trademark Lawsuit ‘Lager’ Than Life 

The Lumbee Tribe’s lawsuit alleges trademark infringement, unfair competition, and deceptive trade practices for Anheuser-Busch’s use of the tribe’s HERITAGE, PRIDE & STRENGTH slogan and …

Brand Owners Watch as Smoke Clears on Plain Packaging Efforts

The major premise of plain packaging is that when stripped of producers’ logos, brand images and promotional matter, tobacco products simply aren’t as attractive to consumers. …
By Brian Focarino
1 month ago 2

Lex Machina trademark litigation report shows heavy enforcement activity for luxury fashion and bong brands

When looking at damages awarded in trademark infringement cases filed since 2005 and terminating between 2009 and 2016, fashion brands have taken in the highest award totals. The top spot …
By Steve Brachmann
2 months ago 0

Lord of the Rings: The Olympic Committee’s Trademark Protection

Every year countless stories arise of individuals, churches, and small businesses, receiving cease and desist letters from the NFL or NCAA for unauthorized use and reference to …
By Chanel L. Lattimer
2 months ago 0

The Differences Between Design Patents and Trade Dress

Design patents cover visual, nonfunctional characteristics embodied in, or applied to, an article of manufacture. They may relate to the configuration or shape of an article, the …
By Julie Hopkins
2 months ago 1

Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’

In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …

Stabilization and Association Agreement and its Impact on the Protection of IP Rights in Kosovo

After several years of negotiations between the Kosovo government and the European Commission, the Stabilization and Association Agreement (SAA) entered into force on April 1, 2016. The entry into …
By Kujtesa Nezaj-Shehu
2 months ago 0