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Trademark news and analysis from the courts and the USPTO
By Emily Cousins | September 29, 2023
The defendants seek a declaration from the court stating that "it has not infringed Conair['s] trademark, trade dress and slogans, nor committed any acts of unfair competition under the Lanham Act by its advertisement, marketing, promotion, offer for sale and/or sale of authentic and genuine products."
3 minute read
By Bridget H. Labutta | September 26, 2023
At the U.S. Patent & Trademark Office, the trademark examining attorneys and administrative judges of the Trademark Trial and Appeal Board are tasked with reviewing trademark applications to ensure that they are in good form and that the applied-for mark is eligible for federal trademark registration.
7 minute read
By ALM Staff | September 22, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
2 minute read
By Adolfo Pesquera | September 18, 2023
After Novoluto filed the applications that led to the asserted patents and launched the first commercial embodiments, the industry saw an influx of devices attempting to capitalize on the innovative technology disclosed, including EIS's Satisfyer Pro 2, the WOW Tech group said in its counterclaims.
4 minute read
By Abigail Adcox | September 15, 2023
A case before the ITC could require additional staffing, potentially allowing law firms to generate more revenue from their IP practice.
4 minute read
By ALM Staff | September 15, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Colleen Murphy | September 14, 2023
"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
4 minute read
By Alaina Lancaster | September 12, 2023
The majority panel refers to Judge Lawrence VanDyke's dissent at least 22 times in a 39-page majority opinion over a fitness brand's personal jurisdiction in California in an underlying trademark dispute with Impossible Foods.
5 minute read
By Catherine Nyarady and Crystal Parker | September 12, 2023
In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.
8 minute read
By Natasha N. Reed | August 27, 2023
In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.
11 minute read
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