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Trademark news and analysis from the courts and the USPTO
By Adolfo Pesquera | September 18, 2023
After Novoluto filed the applications that led to the asserted patents and launched the first commercial embodiments, the industry saw an influx of devices attempting to capitalize on the innovative technology disclosed, including EIS's Satisfyer Pro 2, the WOW Tech group said in its counterclaims.
4 minute read
By Abigail Adcox | September 15, 2023
A case before the ITC could require additional staffing, potentially allowing law firms to generate more revenue from their IP practice.
4 minute read
By ALM Staff | September 15, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Colleen Murphy | September 14, 2023
"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
4 minute read
By Alaina Lancaster | September 12, 2023
The majority panel refers to Judge Lawrence VanDyke's dissent at least 22 times in a 39-page majority opinion over a fitness brand's personal jurisdiction in California in an underlying trademark dispute with Impossible Foods.
5 minute read
By Catherine Nyarady and Crystal Parker | September 12, 2023
In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.
8 minute read
By Natasha N. Reed | August 27, 2023
In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.
11 minute read
By Michael Schwab | August 27, 2023
This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read
By Alan Behr | August 27, 2023
Leave it to the U.S. Supreme Court to create an elegant intercession between Frank Sinatra's favorite whiskey and one of the world's most coveted handbags. In this article, Alan Behr discusses applications of the Rogers test with focus on the Hermès v. Rothschild and Jack Daniel's Properties v. VIP Products cases.
9 minute read
By Benjamin S. Thompson and Robert X. Moorman | August 27, 2023
This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
9 minute read
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