The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known MONSTER word mark, related “M Claw” logos, and the
TheTMCA.com
TheTMCA.com, published by Dorsey & Whitney LLP, focuses on trademark, copyright, and advertising law. The blog covers topics such as trademark disputes and litigation, trade secret issues, intellectual property enforcement, and brand protection strategies. It discusses court rulings affecting trademark and trade dress rights, social media and advertising compliance, and customs enforcement against counterfeit goods. The content includes analysis of recent cases and legal developments relevant to brand owners and IP practitioners.
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Take a Bite Out of This: Smuckers is Claiming Exclusive Rights to its Version of the Peanut Butter and Jelly Sandwich
We all have childhood memories of it: the sweet tang of fruit jelly mixed with the salty crunch of rich peanut butter, sandwiched between two pieces of soft sliced bread. Maybe you preferred it with the crusts on, cut along…
Customs and Border Protection Training: a Quick Wrap-Up
By Brok Humbert & Pam Kleiner
Members of the Dorsey Trademark, Copyright + Advertising team recently attended a presentation by U.S. Customs and Border Protection (“CBP”). CBP is the federal law enforcement branch responsible for keeping counterfeit and infringing products from crossing into the United States,…
China Raises Evidentiary Threshold for Filing Non-Use Trademark Cancellations
By Lilian Shi, Janet Wong & Eileen Xu
In May 2025, the China National Intellectual Property Administration (CNIPA) released updated Guidelines on applications for three-year non-use cancellation actions against registered trademarks (Updated Guidelines). A key change is that the evidentiary threshold for petitioners to commence a three-year non-use…
Creator Earns Commission on TikTok: New Guidance on Effective Influencer Disclosures
Earlier this year, we blogged about effective influencer disclosures on Instagram. Our attention is now on TikTok with the help of a recent decision from the National Advertising Division. On October 13, 2025, the NAD released its decision in a…
Trade Secret Protection for Music? Wu-Tang’s Once Upon a Time in Shaolin Could Open New Doors for Monetizing Art
By Julia Lisi
In a recent ruling, U.S. District Judge Pamela K. Chen opened a new realm of possibilities for trade secret protection. Judge Chen’s order acknowledges that, at least in very rare circumstances, an album of music, even one that has been…
VETEMENTS ou Non? The Foreign Equivalents Doctrine
A recent petition for a writ of certiorari filed with the United States Supreme Court brings into question the application of the doctrine of foreign equivalents. Under the doctrine of foreign equivalents, a trademark consisting of a foreign word with…
Sales of “Own-Brand” Goods Meet The Use Requirements for “Retail Services”
The Fourth Board of Appeal of the European Union Intellectual Property Office (“EUIPO”) in the case of Rituals International Trademarks B.V. v Zheni Aleksieva confirmed that retail trade relating to ‘own-brand’ goods may constitute genuine use of a trade mark…