The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised
The Brand Protection Blog
Covering the legal developments impacting your brands
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Sweeter than Watermelon: When are Fruit Designs Functional?
The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a…
Navigating the Waters of Intellectual Property: A Closer Look at the FTC’s Patent Listing Policy
In the ever-evolving landscape of intellectual property and antitrust regulations, the Federal Trade Commission (FTC) issued a new Policy Statement on Patent Listing on September 14, 2023. This statement carries far-reaching implications for patent holders, competitors, and consumers alike. In…
Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion
Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services.
Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”) in…
TTAB Confirms Characters Can Be Registered as Trademarks If The Characters Function as Trademarks
In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. In re Joseph…
Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit
The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. and Shenzhen Sanlida Electrical Technology Co., Ltd. (collectively “Shenzhen”) from selling stand mixers that allegedly infringe Whirlpool Corp.’s (“Whirlpool”) famous KITCHENAID trademarks…
TTAB Prohibits Sur-Sur-Rebuttals in Trademark Proceedings
In a recent precedential opinion in Monster Energy Company v. Coulter Ventures, LLC, Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023), the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of…
It’s a girl group, but a BOYS WORLD: When does a performing artist’s name function as a trademark?
In a precedential decision, the Trademark Trial and Appeal Board (“Board”) reversed the decision of the Examining Attorney, concluding that BOYS WORLD for “audio recordings featuring music,” in International Class 9 functioned as a trademark. ZeroSix, LLC, 2023 U.S.P.Q.2D…
From Non-Infringement to No Jurisdiction: Does a Finding of Non-Infringement Moot a Request for Declaratory Judgment of Invalidity in Trademark Cases?
The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. SDCC filed a Petition for Writ of Certiorari asking…
“Taste the Strain Bro”: Wrigley Settles SKITTLES Trademark Dispute with Cannabis Company
** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office. Logan is supervised by attorneys who are licensed in the State of Texas.
After a two-year feud, Mars Wrigley (“Wrigley”), the maker of the popular…