Posts in Trademark


Trademarks are for Sellers: Banksy Store Created for Trademark Defense Fails to Protect ‘Flower Thrower’

One of street artist Banksy's most iconic images—a mural sprayed on a Jerusalem building of a protester preparing to hurl flowers—failed to win trademark approval …
By Bruce Berman
5 hours ago 0

Unexpectedly Active IP Legal Market Bucks Recession Trends and Boosts Outlook

At the onset of the U.S. COVID-19 pandemic in early March 2020, the legal community immediately became concerned about its economic prospects. Particularly in the intellectual property (…
By Geoffrey Lottenberg
2 days ago 0

Third Circuit Finds Stick-Shaped Cookie Trade Dress Invalid

Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America …
By IPWatchdog
5 days ago 0

Iancu Updates Users on Filing Stats Amid Pandemic During IPO Annual Meeting Address

In his address to the Intellectual Property Owners Virtual Annual Meeting yesterday, USPTO Director Andrei Iancu said that, despite sharp declines in filings and renewals, COVID-19 seems …
By IPWatchdog
28 days ago 3

Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond

Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
By Nancy Braman
1 month ago 0

‘IP Consciousness’ – It Starts with Leadership

Intellectual property rights continue to be the Rodney Dangerfield of assets - they “can't get no respect.” The reasons are complex, but not terribly surprising, given the …
By Bruce Berman
1 month ago 5

The Rush for Redskins Gear Underscores an Exponential Rise in Counterfeits

The Washington Football Team's (formerly the Washington Redskins’) move to change its name and logo has sparked a flurry of fans looking to “cash in” as national …
By Daniel Shapiro
1 month ago 2

Co-ownership of Trademarks in Brazil: Key Changes

Brazil’s accession to the Madrid Protocol has included several important changes to the country’s trademark system, such as simplifying the registration of trademarks, reducing costs, …

Could COVID-19 Counterfeit Concerns Get Congress to Move Towards Passage of the Counterfeit Goods Seizure Act?

In late July, water bottle maker Hydro Flask and parent company Helen of Troy Limited filed a complaint with the U.S. International Trade Commission (ITC) asking …
By Steve Brachmann
1 month ago 0

Lessons from GRUYERE: A Roadmap for Proving Genericness from the TTAB

Following the widely discussed BOOKING.COM Supreme Court genericness case, the Trademark Trial and Appeal Board (Board) took up a genericness case of its own. Int’l. …

IPWatchdog’s CON2020 Kicks Off with Andrei Iancu on 101, China, and Building Respect for IP

U.S. Patent and Trademark Office (USPTO) Director, Andrei Iancu, joined day one of Virtual CON2020 today to chat with IPWatchdog CEO and Founder Gene Quinn about …
By Eileen McDermott
2 months ago 1

How One TTAB Case Reveals Continued Examination Flaws Post-Tam and Brunetti

A case that is currently before the Trademark Trial and Appeal Board (TTAB), Proceeding No. 92071980, is no run-of-the-mill cancellation petition. Elevated Faith LLC v. GODISGHL, LLC,  concerns …
By Kevin Christopher
2 months ago 2

Apple v. Prepear: Does Apple Really Need All the Fruit?

How many types of fruit does one mega-company need to protect its trademarks? Apparently, Apple Inc. believes an image of a pear used in connection with a …
By Nicole Page
2 months ago 3

Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand

The value of your company’s intellectual property cannot be understated, particularly in the current economic climate. But this should not be news to you, especially if …
By Taylor Foss
2 months ago 1

A Conversation with Andrei Iancu on the Role of Innovation and the USPTO in Combating COVID-19

I recently had the opportunity to conduct an interview with Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and …
By Gene Quinn
2 months ago 14