Prior "Use Analogous To Trademark Use" May Win

The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.

The Federal Circuit reaffirmed that the 1907 Supreme Court decision in Kessler v. Eldred is binding precedent that controls a preclusion analysis unless and until the Supreme Court overrules it.

Intellectual property is central to almost everything we do, as businesses or individuals. As a result, intellectual property rights are important assets to most modern businesses.

Top global brands, famous content creators, and media moguls know the best protection they can secure for their products is Pryor Cashman representation.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

On Oct. 7, 2026, at 18:00 UTC, the Internet Corporation for Assigned Names and Numbers (ICANN) will publish every new generic top-level domain (gTLD) application proceeding in the 2026 new gTLD Round, including who applied...

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.

The U.S. Copyright Office recently released a report on the human authorship requirement for materials to qualify for copyright protection.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.

You might think of various reasons why a company owned by a porn star might be prevented from registering her pseudonym GIGI DIOR for services that include "personal appearances by a porn star"...

For copyright infringement cases involving musical compositions, courts and juries are often tasked with determining whether two songs are "substantially similar,"...

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

Effective January 18, 2025, the U.S. Patent and Trademark Office ("PTO") will increase trademark filing fees.

The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.

Can the sale of just four saxophones over three years be enough to prevent a U.S. trademark registration from being cancelled for abandonment? This case examines the critical distinction between minimal use and bona fide use in trademark law, exploring what constitutes sufficient commercial activity to maintain trademark rights when a historic brand is challenged by a competitor.

The concept of fair use in copyright law is well known to intellectual property practitioners. An analogous concept exists in trademark law, where the use of another's mark is deemed "fair".

In 2020, the spread of Covid-19 gave rise to increased e-commerce and influencer marketing. While influencers may bring your brand viral attention, the strategy also may expose you to legal risk.

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...

You might think that BLUEBERRY MUFFIN is a generic term anyone can use for blueberry muffins, but what about for blueberry muffin flavored beer?