The Federal Circuit’s recent decision in Apex Bank v. CC Serve Corp. serves as a pointed reminder to the Trademark Trial and Appeal Board (TTAB) that it must maintain consistency across its DuPont factor analysis. While the appellate panel affirmed the TTAB’s finding that the parties’ services were highly similar, it vacated and remanded the
In today’s crowded tech marketplace, brand identity is one of a company’s most valuable assets. A well-chosen trademark doesn’t just help consumers recognize your business – it also provides legal protection against copycats and builds long-term brand equity. When product lifecycles move quickly and competition is global, developing and protecting strong trademarks should be an
The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain provocative word, which we will refer to here as the “F-bomb” for sensitive eyes and ears, for various goods and services)
In Sunkist Growers, Inc. v. Interstate Distributors, Inc. (No. 24-1212), the Federal Circuit reversed the Trademark Trial and Appeal Board’s decision dismissing Sunkist’s opposition to Interstate Distributor’s (IDI) attempt to register the mark KIST in standard characters and in a stylized mark for soft drinks. The Federal Circuit disagreed with the board’s finding of no
Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and Trademark Office (USPTO) gives nationwide protection and the right to use the coveted ® symbol, along with crucial benefits such as constructive notice of ownership throughout
On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and Trademark Office’s (PTO) refusal to register a contentious mark, the justices’ concurring opinions reveal sharp divisions over the
Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of the Year, Taylor Swift. Swift is no stranger to using intellectual property to effectively protect her brand and music. In
With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First Amendment. Specifically, the Court will determine whether Section 1052(c) of the Lanham Act, which prohibits individuals from
As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies. This article focuses on certain issues employers should strongly consider when drafting and
The Supreme Court unanimously sided with Jack Daniel’s in the much-anticipated trademark case pitting trademark protection against parodic products. However, SCOTUS did not reach a final conclusion on whether VIP Products’ Bad Spaniels dog toy will live to see another day as a parody of the Jack Daniel’s whiskey bottle. Instead, the Court focused on
After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.
In 2016, National Concession Group, Inc. (NCG) filed an application to register the mark “BAKKED” (Serial No. 87168058) and this stylized drop design mark
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