Posts in Trademark


Five Royal Trademark Lessons from the Duke and Duchess of Sussex

As you’ve most likely heard, Prince Harry and Meghan Markle have decided to become financially independent of the Crown. No small task when your security costs …
By William Honaker
4 months ago 5

New USPTO Commissioner for Trademarks Appointed

The U.S. Patent and Trademark Office (USPTO) announced today that Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new USPTO Commissioner for …
By IPWatchdog
4 months ago 0

EU Trademark Owners Relieved by CJEU Judgment in SkyKick Case

The Court of Justice of the European Union has provided reassurance to European trademark owners in its judgment today in the SkyKick case. (Case C?371/18 Sky plc, …
By James Nurton
4 months ago 0

Trademark Litigation Review—What Happened in 2019 and What to Watch This Year

Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant …
By Nicholas Hawkins
4 months ago 0

Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine

A case now pending before the Ninth Circuit, LTTB LLC v. Redbubble, Inc., Docket No. 19-16464, has the potential to clarify the controversial doctrine of aesthetic functionality. …

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
4 months ago 0

Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule

On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
By Steve Brachmann
4 months ago 0

What Brand Owners and Small Businesses Can Learn from Backcountry.com’s Trademark Enforcement Campaign

U.S.-based online outdoor goods retailer, Backcountry.com, has faced a significant social media backlash over the past month, with both customers and competitors publicly reacting …
By Erik Alsegard
5 months ago 4

At a Crossroads: Developing a Standardized Access System to Domain Name Registration Data

As the European Union’s landmark Global Data Protection Regulation (GDPR) was set to go into effect in 2018, the Internet Corporation for Assigned Names and Numbers (ICANN) …
By Claudio DiGangi
5 months ago 1

Retired USPTO Commissioner for Trademarks Mary Boney Denison Recounts Her Career and the Challenges Ahead for the Office

On December 31, the United States Patent and Trademark Office’s (USPTO’s) Commissioner for Trademarks, Mary Boney Denison, retired from her position with the agency. Denison joined …
By Michelle Sara King
5 months ago 0

The Top Five European IP Developments of 2019—and Five to Watch for 2020

As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In …
By James Nurton
5 months ago 2

Parallel Imports Officially Authorized in Ukraine, But Not for All Goods

In November, 2019, amendments to the Customs Code of Ukraine regarding the protection of intellectual property rights when moving goods across the customs border came into force. The …
By Ivan Nikitchenko
5 months ago 0

What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights

Deciding whether or not to enforce one’s intellectual property rights is a significant decision for any business (or individual). Litigation in general tends to be an …
By Theodore Chiacchio
5 months ago 1

Is a Common Word Added to a TLD Like ‘.com’ Inherently Generic? Who Decides?

On November 8, the U.S. Supreme Court granted a Petition for Writ of Certiorari from the U.S. Patent and Trademark Office (USPTO) on the following issue: “…
By Robert Kenney
5 months ago 0

Clawing Deeper into the Monster v. Raptors Trademark Battle

Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo. As detailed here, the Raptors are tipping …
By Erika Murray & Coleen Morrison
5 months ago 0