Posts in Trademark


Satan Shoes: Trademark Blasphemy or Free Speech?

Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …

GIPC Event Underscores Scale of Dangerous COVID-Related Fakes During Pandemic

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) held a webinar on Tuesday, April 6, as part of its Innovation Ecosystem series, titled “Worth …
By Eileen McDermott
12 days ago 2

INTA Urges EUIPO Grand Board to Provide Guidance on Similarity Between Alcoholic and Non-Alcoholic Beverages

The International Trademark Association (INTA) submitted observations in a trademark case before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal on April 1. The case …
By James Nurton
13 days ago 0

Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) …
By Sarah Brooks & Alicia Sharon
17 days ago 3

PUMA TOKYO 2021: Legitimate Mark or False Association with the Olympic Games?

What comes to mind when you read these city/year combinations: London 2012. Sochi 2014. Sydney 2000. Did you immediately think of the Olympics? The United States Patent and Trademark …
By Rachel M. Hofstatter
27 days ago 1

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
29 days ago 0

Industry Groups Urge Quick Passage of Reintroduced IDEA Act

Representative Nydia Velázquez (D-NY), Senator Mazie K. Hirono (D-HI), Senator Thom Tillis (R-NC), and Congressman Steve Stivers (R-OH) yesterday reintroduced the Inventor Diversity for Economic Advancement …
By Eileen McDermott
1 month ago 8

Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new …

INTA Comments in George Orwell EUTM Cases on Names and Titles

The International Trademark Association (INTA) last week filed amicus briefs before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal in three cases concerning applications …
By James Nurton
1 month ago 0

Federal Circuit Says Army’s Broad Approval Discretion in Trademark License Is Not at Odds with Trademark Law

In an appeal from the United States Court of Federal Claims (Claims Court), the United States Court of Appeals for the Federal Circuit (CAFC) last week affirmed …
By Rebecca Tapscott
1 month ago 0

Analyzing the Three Key Provisions of the Trademark Modernization Act

Most people associate the Consolidated Appropriations Act of 2020 with its COVID relief and stimulus measures, rather than trademarks. While these measures are of course the primary focus …
By Hunter S. Freeman
2 months ago 0

Joint EPO-EUIPO Report Finds SMEs Stand to Benefit Most from IP Ownership

The latest in a series of reports by the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) studying IP-intensive industries and their contribution to …
By Eileen McDermott
2 months ago 1

Should the Biden Administration Look to Pharma for New USPTO Director?

The United States is not even two weeks into the administration of President Joe Biden and it’s likely that the administration’s selection for Director of …
By Steve Brachmann
3 months ago 7

The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies

Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
By Steve Brachmann
3 months ago 17

ipAwarenessAssessment: Inventors and Business Owners Should Start Their IP Journey with this USPTO-NIST Tool

The ipAwarenessAssessment (the Tool) is engineered for both business owners and inventors so that they can comprehensively value their intellectual property (IP) and manage their IP portfolios …
By La'Cee Conley
3 months ago 5