Domain Name Disputes: When UDRP Works—And When It Doesn’t
Key Takeaway: While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in disputes involving legitimate...
Battle of the PB&J: Smucker’s Is Crusty Over Trader Joe’s Private Label Sandwich
If you have a kid, or play in the NFL, you are likely familiar with The J.M. Smucker Company UNCRUSTABLES® a pre-made PB&J sandwich. According to The New York Times,...
Navigating Consent Agreements: Lessons from In re Ye Mystic Krewe of Gasparilla
In October 2025, the Trademark Trial and Appeal Board (“Board”) issued a precedential opinion that offers lessons on the limits of consent agreements in overcoming likelihood of confusion (section 2(d))...
Federal Circuit Affirms LeBron’s Priority in Marks I AM MORE THAN AN ATHLETE Based on Valid Assignment of Common Law Rights
Game Plan, Inc. (“Game Plan”), a nonprofit organization that supports student‑athletes in underserved communities, appealed a decision of the Trademark Trial and Appeal Board (“TTAB”) to the Federal Circuit (see...
(Intend To) Use It or Lose It: Proving Bona Fide Intent Before the TTAB
In a precedential opinion issued in September 2025, the TTAB sustained the opposition of the mark, HOTEL EL ROBLAR, for hotel services in class 43, agreeing with the opposer that...
Missing the (Lex)Mark – What Is the Proper Standing Test Before the USPTO?
Following a Trademark Trial and Appeal Board (TTAB) decision and corresponding Federal Circuit appeal finding that she did not have standing to oppose registration of a RAPUNZEL mark for dolls,...
Green With Envy: When Your Color Trademark Turns Out to Be Generic
PT Medisafe Technologies (“Medisafe”) has petitioned the U.S. Supreme Court to review a Federal Circuit decision upholding the Trademark Trial and Appeal Board’s (“TTAB”) refusal to register Medisafe’s dark green...
From Cute to Criminal: The Counterfeit Labubu Crisis in the United States
In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu...
No URLs, No Liability: Court Finds Online Marketplace Not Liable for Contributory Infringement
MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK Before: The Honorable Victoria Marie Calvert Summary: The district court granted summary judgment to defendant, an online marketplace accused of...
Will the Bankruptcy of “Forever 21” Strengthen IP Rights?
For the second time since its founding in 1984, the fast-fashion movement leader, Forever 21, has filed for bankruptcy and is expected to close its over 350 U.S. locations and...
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and...
3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court
The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders,...
One Name, Two Claims: Prince’s Estate and Apollonia Clash Over Trademark Rights
Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single...
Sunkist Squeezes Out a Win and Kisses Kist Goodbye!
SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: The TTAB incorrectly found that similar trademarks created distinct commercial...
Coloring Within the Lines: The Genericness Test for Color Trademarks
IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public...
Deckers Kicks Off Trade Dress Battle Against Costco and CVS Over UGG Lookalikes
On May 8, Deckers Outdoor Corporation (“Deckers”), owner of the intellectual property rights for brands including UGG, Teva, Hoka, and Ahnu, filed two separate lawsuits in the U.S. District Court...
Fashion’s New Powerhouse: IP Lessons from Prada’s $1.375 Billion Versace Deal
On April 10, 2025, Italian fashion house Prada announced its acquisition of Versace from Capri Holdings for $1.375 billion, uniting two of Italy’s most iconic luxury brands. Though financial implications...
German Sandals Follow the Functional Footsteps of U.S. Cheerleader Uniform Shape
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity...
The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: Continuous-use evidence is not necessarily prima facie evidence of acquired...
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: In assessing genericness, the TTAB considers how the mark...
Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: A utility patent may...
