Posts in Trademark


The Trump Administration is Investigating the “Theft of IP” by China: What You Need to Know About Trademarks in China

Several weeks ago, the Trump administration formally launched a “Section 301” investigation into the “theft of intellectual property” by China.  According to US Trade Representative Robert Lighthizer, the …
By Philip Nulud
21 hours ago 0

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
11 days ago 0

In-N-Out files trademark suit against Smashburger over cheeseburger ad campaign

On Monday, August 30th, national fast food chain In-N-Out Burger filed a lawsuit alleging federal trademark infringement and other claims against fellow fast food chain Smashburger. The …
By Steve Brachmann
16 days ago 0

New Balance wins largest verdict ever for foreign plaintiff in Chinese trademark suit

This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly …
By Steve Brachmann
25 days ago 2

Who is the Boss: Legal protection of domain names in Ukraine

According to Ukrainian regulations, there may be several owners for one mark. But what if one of such owners decides to execute the exclusive right without the …
By Elena Polosmak
25 days ago 0

Atari files suit against Nestlé for Kit Kat ad campaign that infringed on Breakout video game

Atari Interactive Inc. filed a lawsuit alleging trademark and copyright infringement claims against Swiss food and drink company Nestlé SA (VTX:NESN). The suit targets a worldwide …
By Steve Brachmann
30 days ago 0

Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims

The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
By Steve Brachmann
1 month ago 0

Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery

In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

The Intersection of Fashion, Virtual Reality and the Law

Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used …
By Amanda G. Ciccatelli
1 month ago 0

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great avenues for advertising and promotion of one’s business and brand. However, in using …
By Philip Nulud
1 month ago 0

Do You Know How to Protect What’s Yours?

In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored …
By Amanda G. Ciccatelli
1 month ago 1

Edwardsville Pierogi Festival alleges tortious interference over trademark allegations made by Whiting Pierogi Fest

In order to keep operating under the “Pierogi Festival” name, the Edwardsville committee has filed a suit against the coordinators of the Whiting Pierogi Fest in the …
By Steve Brachmann
1 month ago 0