264 results found

You should keep in mind that a service mark, such as a restaurant name, may become abandoned when you close a restaurant. Continuing to advertise the restaurant in other restaurants you own...

In a recent Blog post, we suggested steps you might take in an appropriate case to surmount a blocking mark that consists of a verbal element identical or similar to your proposed mark...

Brand owners who seek federal trademark protection in the United States Patent and Trademark Office (USPTO) have become targets for impersonators, imposters, scammers and others who use deceptive...

A phrase sometimes can be registered as a trademark even though it also conveys a message. The U.S. Patent and Trademark Office (USPTO) rejects many applications to register a phrase as a trademark...

On June 4, 2026, the U.S. Supreme Court issued a unanimous decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., clarifying and narrowing the circumstances under which a generic drug manufacturer...

Restaurant names may be deemed confusingly similar even though one is in English and the other is in a foreign language with the same meaning.

If your mark is found to describe any of the goods or services identified in your application for registration, and they are in the same class as other goods or services identified in your application...

The Second Circuit's recent decision in Peju Province Winery v. Cesari S.R.L. clarifies when USPTO Trademark Trial and Appeal Board rulings on likelihood of confusion can bind parties in subsequent district court litigation. This case examines the critical distinction between trademark analysis based solely on registration documents versus actual marketplace usage, potentially reshaping how trademark owners approach both TTAB proceedings and infringement litigation strategy.

The Trademark Trial and Appeal Board (TTAB) held in a precedential opinion, reversing its prior decision, that a purchaser of RAPUNZEL dolls did not have a statutory cause of action...

A jury has spoken in a case brought in the U.S. District Court for the Southern District of New York by Hermès against the digital artist Mason Rothschild, who had created and sold "MetaBirkins"...

Multi-Media Tech. Ventures, Ltd. acquired four U.S. registrations of the mark GIDGET for a wide variety of goods and services.

Companies that innovate and pursue patent protection in the U.S. should take note of a recent Supreme Court decision that requires that a patent application be filed for an invention within one year of an offer for sale ...

In Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Case No. 20–915, 595 U. S. ____ (2022), the U.S. Supreme Court held that the safe harbor provision provided under § 411(b) of the Copyright Act does...

The U.S. Patent and Trademark Office (PTO) is increasing most patent fees on January 19, 2025.

In Acuti v. Authentic Brands Grp. LLC, 33 F.4th 131 (2d Cir. May 4, 2022), the Second Circuit considered an appeal regarding the rights to the musical composition...

In Springfield Township, 15 miles from Philadelphia, some police organizations and their members began to display the flag, which the court defined as Thin Blue Line American Flag (the "Flag") in various ways.