Knobbe/Martens: Intellectual Property Law

Jonathan Menkes

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A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be “exhausted”, so long as the product is not “materially different” from the origin

How to Avoid Mutilating Your Trademark

In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation.

Just Like You and Me: Difficulties with Celebrity Trademark Applications

Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or services.  Celebrities frequently obtain a federal trademark registration for “entertainment services.”

No Love for I ♥ DC

November 29, 2016 Susan M. Natland and Jonathan Menkes

In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I ♥ DC marks owned by an individual, Jonathan A. Chien ("Chien") on the ground that the marks do not function as a trademark.

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