This article is about a 2024 decision by the U.S. Court of Appeals for the First Circuit arising out of the "trial of the century" in 1892...

To be registrable, a trademark must identify and distinguish an applicant's goods from those of others and indicate the source of those goods. When an Examining Attorney or an opposer challenges...

In order to succeed in challenging the registration of a service mark on the ground that it is likely to cause confusion with your identical or similar mark...

If a mark is in active use only by your operating company, but a registration of the mark is owned by its subsidiary, special steps may be necessary to register that mark...

The Trademark Trial and Appeal Board found no likelihood of confusion between PRIM and HOUSE OF PRIM marks for home organization services, giving substantial weight to a settlement agreement where parties agreed the marks were not confusingly similar.

Brand owners rely on their advertising and media buying agencies for content creation, brand analysis, and marketing strategy.

Many times, two marks have been found likely to be confused despite (1) the addition of a second word to the later mark (found not to overcome that mark's use of the identical or similar word...

Garan Services Corp.'s application to register mark NEWMAN, in the identical mirror image form of display, for "tops and bottoms" was blocked by the Belle Etoille registrations.

The distinction between descriptive and generic trademarks can determine whether a mark qualifies for federal registration. When Access Medical Laboratories sought to register FOODANALYZER for food sensitivity testing services, the USPTO initially deemed it merely descriptive, then generic—sparking a legal battle that would clarify the boundaries between these critical trademark classifications.

When a non-U.S. company obtains a U.S. trademark registration based on a foreign registration without U.S. use, failing to file the required Declaration of Use within six years can result in cancellation with serious consequences. A recent TTAB decision demonstrates how a lapsed registration loses all protective value, even against later-filed confusingly similar marks that were registered while the original registration was still active.

In a per curiam decision issued on January 2, 2026, the Ninth Circuit Court of Appeals in Sedlik v. Von Drachenberg, No. 24-3367 (9th Cir. January 2, 2026) affirmed the jury's verdict for celebrity tattoo artist...

The proposed NO FAKES Act of 2026 seeks to establish federal protection for individuals' digital identities against AI-generated deepfakes by creating a property right in one's voice and visual likeness. This bipartisan legislation would protect all individuals, living or deceased, from unauthorized digital replicas while balancing First Amendment protections and technological innovation. The bill introduces liability frameworks, safe harbors for platforms, and enforcement mechanisms that could fundamentall

When can a trademark plaintiff recover profits from an infringer's affiliates? The U.S. Supreme Court tackled this question in Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23-900...

Two recent cases illustrate points to consider when selecting a new beauty, apparel or lifestyle brand. The first concerns the risk of reverse confusion. The second concerns geographic descriptiveness.

The U.S. Trademark Act prohibits registration of marks that are "primarily merely a surname," but determining whether a mark qualifies as such involves analyzing multiple factors including public perception...

Merely offering your goods under a trademark on a website or in a store is insufficient to support an allegation that you have used your trademark in U.S. commerce for a trademark application.

The Second Circuit has held that a commercial general liability policy that covered "advertising injury" required an insurer to defend its insured against claims for trade dress infringement.

On October 17, 2025, the U.S. Patent and Trademark Office (USPTO) issued a Public Notice proposing significant changes to the rules...

The Trademark Trial and Appeal Board (TTAB), in a precedential decision of first impression, decided that a British Virgin Islands (BVI) company, applying in the U.S. to register CANDYVERSE for soft drinks...

Brands are delighted to receive an award or a seal of approval. Marketing those trophies requires careful consideration of intellectual property and advertising law principles.