Posts in Trademark


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 …

#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
6 days 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
14 days 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
20 days 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
23 days 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
27 days 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
29 days ago 0

Knocking out the knockoffs: IP learnings from a successful TRO and seizure

Protecting intellectual property today is more challenging than ever, and the stakes are high. An open and rapid-fire exchange of information has become the norm in our …
By Shawn Kolitch
1 month ago 0

Land O’ Lakes – No Harm, No Foul

Addressing the issue of whether a famous mark can be diluted by the identical mark of a much smaller company, the US Court of Appeals for the …
By Margaret Duncan
2 months ago 0

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of …
By Yuliia Matsiuk
2 months ago 0

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann
2 months ago 1

Contract considerations for an international license agreement

As the world continues to grow and international trade on a multi-continent level has become the norm, protecting a company’s name is one of the most …
By Cal Evans
2 months ago 0