Posts in Trademark


Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
By Brian Iverson
4 days ago 1

PopSockets wins General Exclusion Order Against Infringing Grips at ITC

PopSockets filed its Section 337 complaint with the ITC last April, naming 14 respondents, with 13 based in China and one operating in Hong Kong. This February, the administrative law …
By Steve Brachmann
14 days ago 1

How Intellectual Property Informs the Investment in a Private Equity Transaction

Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
By Shelley Thomas
15 days ago 0

Inviting Danger into the Home: Understanding the Market for Counterfeit Baby Products and How Both Parents and Brands Can Better Protect Children

How should new parents avoid putting their young children in unnecessary harm and avoid counterfeit baby products? Caregivers should purchase directly from the brand, either through its …
By Ryan Fox
21 days ago 1

Research Shows Rapid Growth in Chinese Trademarks

China has the largest domestic trademark register in the world. In 2017, over 5.2 million applications were filed, a figure which makes it around 10 times the size of the …
By Robert Reading
25 days ago 0

Can You Trademark a Color?

Yes, under certain circumstances you can trademark a color... Examples of protectable color marks include: red soles for women’s high-heel dress shoes, where the rest of …
By Michael Bernet
1 month ago 3

Federal Circuit Finds TTAB Erred In Determining Genericnessof Coca-Cola’s ZERO Trademarks

On Wednesday, June 30th, the Court of Appeals for the Federal Circuit issued a decision in Royal Crown Company, Inc., et. al. v. The Coca-Cola Company which …
By Steve Brachmann
1 month ago 7

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

Brand counterfeiting is starting to reach epidemic levels

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can deliver numerous benefits, but it is also leading to …
By Chrissie Jamieson
2 months ago 0

Top 5 reasons why counterfeit goods are getting harder to spot

Counterfeiting can sometimes be seen as a victimless crime where the only ones losing out are the super-rich corporations whose products are being copied. This is simply …
By Gary Addison
2 months ago 6

Influx of Trademark Applications at the USPTO Subsidized by Chinese Government, Include Doctored Product Images

According to Eric Perrott, a trademark and copyright attorney with Gerben Law Firm, chatter among U.S. trademark officials and attorneys regarding the increase of potentially fraudulent …
By Steve Brachmann
2 months ago 2

Amazon.com: A Retail Giant With Major Counterfeit, Piracy and Data Privacy Issues

It’s not just counterfeits of gadgets or luxury fashion items available for sale on Amazon, lining the already deep pockets of Bezos. As we’ve noted …
By Steve Brachmann
2 months ago 1

Rescuing Rapunzel: Suffolk Law Professors and students work to keep fairy tale princess in the public domain

United Trademark Holdings Inc. is attempting to trademark Rapunzel (and likely has plans for other fairy tale princess names) for its line of dolls. Law Professors Rebecca …

Amazon CEO Bezos is Knowingly Complicit in Online Sales of Counterfeit Goods, According to Report

Although Amazon is typically quick to reference its anti-counterfeit policy as proof of its commitment to weeding out inauthentic products from its retail platform, watchdog groups continue …
By Steve Brachmann
2 months ago 5

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
2 months ago 2

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