One Name, Two Claims—And a Settlement: Prince Estate and ’Purple Rain’ Co-Star Resolve Trademark Dispute
In an earlier post, we discussed the high-profile dispute between the estate of the late artist Prince and Patty Apollonia Kotero, over trademark rights derived from the name Apollonia, made...
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Key Takeaway: The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of...
THC You Later – An End to the THC Supplement Industry?
Tucked away in the text of the law that ended the 2025 federal shutdown is a provision amending a handful of paragraphs from the 2018 farm bill. Although seemingly minor,...
No Joy in Mudville: Federal Circuit Affirms Aaron Judge and MLBBPA’s Priority in Marks All Rise and Here Comes the Judge Based on Extensive Evidence of Licensed Use
Today, Aaron Judge (“Judge”) is a household name for sports fans across the United States. However, in 2017, Judge was just entering the Major League Baseball scene and carving out...
In Rare Win for an Applicant, Federal Circuit Reverses TTAB’s Determination That Mark Kahwa Was Not Registerable
Bayou Grande Coffee Roasting Company (“Bayou Grande”), a coffee company based out of St. Petersburg, Florida, faced a long and winding road to register its mark KAHWA in connection with...
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...
Similar Does Not Mean Identical
APEX BANK v. CC SERVE CORP. Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”). Summary: The Board erred by excluding evidence of marks...
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...
The Federal Circuit Grounds US SPACE FORCE Trademark Application
IN RE THOMAS D. FOSTER, APC, Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Summary: Section 2(a) of the Lanham Act bars registration of a...
