Trademarks

17 Feb: New USPTO Trademark Rules Seek to Streamline Filing and Crack Down on Fraud, But Could Increase Spam

New rules governing all trademark filings with the United States Patent and Trademark Office (USPTO) went into effect two days ago, on February 15. Although the headline is a move to mandatory electronic filing for virtually all trademark applications,…

13 Feb: Space Force, Star Trek, and Strange New Worlds of Trademark Infringement

On January 24, 2020, the United States Space Force logo hit the news — and the photon torpedoes began to fly. Almost instantly, those familiar with the Star Trek Starfleet Command insignia called out a striking similarity, and even George Takei (who pl…

17 Jan: Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine

A case now pending before the Ninth Circuit, LTTB LLC v. Redbubble, Inc., Docket No. 19-16464, has the potential to clarify the controversial doctrine of aesthetic functionality. Aesthetic functionality has puzzled courts for decades. Particularly befo…

14 Jan: Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule

On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks the High Court to decide “whether, when a plaintiff asserts new claims, federal preclusion princi…

11 Jan: What Brand Owners and Small Businesses Can Learn from Backcountry.com’s Trademark Enforcement Campaign

U.S.-based online outdoor goods retailer, Backcountry.com, has faced a significant social media backlash over the past month, with both customers and competitors publicly reacting to its aggressive trademark enforcement campaign. It all started when ne…

13 Dec: Clawing Deeper into the Monster v. Raptors Trademark Battle

Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo. As detailed here, the Raptors are tipping off against energy drink company, Monster, who allege the Raptors’ logo—featuring a clawe…

01 Nov: Other Barks & Bites for Friday, November 1: CAFC Arthrex Decision Makes PTAB Judges Inferior Officers, USPTO Seeks Comments on IP Protections for AI Inventions and Reports to Congress on SUCCESS Act

This week in Other Barks & Bites: the Federal Circuit hands out three precedential decisions; the USPTO sends its SUCCESS Act Report to Congress; the Copyright Royalty Board proposes royalty rates on ephemeral recordings for certain Internet trans…

01 Nov: Know the Risks Before Licensing Unregistered Trademarks in China

Despite the tough talk in Washington D.C., the ability to expand your business internationally to countries such as China is exciting. But what are the steps? How do you do it and what are the issues? Some of the most common starting points include con…