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In my trademark prosecution practice, I am often asked what exactly it means to use a mark in commerce. The question seems straightforward, but in reality it is anything but.

A recent United States Supreme Court decision is likely to affect the way that parties approach trademark opposition proceedings before the Trademark Trial and Appeal Board (TTAB).

When brand ownership becomes divided, maintaining consistent quality and source identification for consumers presents unique challenges. This exploration examines the complexities that arise when trademark rights are split among multiple parties and the implications for brand integrity.

Mayer Brown IP partners Rich Assmus and Kristine Young examine the trademark dispute between outdoor apparel giant Patagonia Inc. and drag persona "Pattie Gonia," exploring how the infringement suit triggered a public backlash and Streisand effect. The discussion covers legal merits including trademark policing duties, weakened parody defenses post-Jack Daniels v. VIP Products, and the strategic implications of enforcement decisions versus coexistence agreements.

Welcome to the Last Month at the Federal Circuit—a look at recent decisions from the U.S. Court of Appeals for the Federal Circuit impacting the intellectual

When submitting replacement or new drawings in a pending US application, applicant must submit any amendments to drawings...

The limited availability of custom-designed shoes, clothing, and accessories makes these items highly desirable and they fetch high prices. But are they legal?

John Sullivan, Jr. shareholder in the firm's Corporate and Intellectual Property section authored an article "To catch a thief: how Hitchcock and AI can inspire brand owners to combat online piracy".

The United States Patent and Trademark Office is taking the rare step of reducing its government filing fees for two common trademark filings.

David Barr and Kaitlyn Rodnick published "U.S. Patent and Trademark Office Rejects 'Contingent' Terminal Disclaimer" in the June 2024 issue of the Intellectual Property & Technology Law Journal.

The U.S. International Trade Commission has announced a pilot program designed to determine whether the early identification and adjudication of case-dispositive issues could reduce unnecessary litigation and help limit the costs associated with Section 337 investigations.

Further to our previous post, and in view of the recent enactment of law providing temporary funding for the US government

The death of Prince Rogers Nelson came as a shock to the world. It also gave us an opportunity to reflect on the vast accomplishments of the man known by so many names.

In trademark, trade dress, and false advertising disputes, the outcome often hinges on consumer perception. This resource explores how strategically designed consumer surveys transform buyer opinions into compelling courtroom evidence, offering practical insights for building stronger claims or challenging opposing research.

As of August 1, 2013, the World Intellectual Property Organization now offers new certification and legalization services to users of the Madrid trademark system.

When protecting innovative three-dimensional designs, many often consider two distinct options: design patents or trade dress.

Directive 2004/48/EC on the enforcement of intellectual property rights harmonises various aspects of civil court procedure and remedies as applied to most types of intellectual property in the European Union.