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Trademark news and analysis from the courts and the USPTO
By Laura J. Winston | October 23, 2023
While companies like UPS have successfully used color as a trademark, securing trademark protection for a color can be challenging. This article discusses what it takes for a color to be eligible for trademark protection and the legal considerations involved.
6 minute read
By ALM Staff | October 23, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Christopher P. Bussert | October 18, 2023
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
13 minute read
By Mason Lawlor | October 12, 2023
"So had the government believed it had the goods, the government certainly had a good-faith basis to advocate for the district court to find Robinson in contempt of the 2017 injunction because she allegedly aided and abetted someone or some entity in privity with a bound party. But it did not do that."
5 minute read
By Marianna Wharry | October 9, 2023
The complaint was first surfaced by Law.com Radar.
2 minute read
By Scott D. Locke | October 5, 2023
A discussion of the recent Trademark Trial and Appeal Board decision in "Thrive Natural Care Inc. v. Nature's Sunshine Products," which recognized a time limit on claims to cancel trademarks that otherwise would be void under this provision. The decision "provides a welcome bright line for trademark holders but also serves as a reminder that one should be mindful of the risks associated with assigning intent-to-use trademark applications."
12 minute read
By Alaina Lancaster | October 3, 2023
A lawyer from LegalForce RAPC Worldwide argued on behalf of his firm that a Japanese legal technology company's alleged trademark infringement has caused it to lose out on venture capital funds.
3 minute read
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
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