Statute
Lanham Act
1,168 published works
The HB Blog
The USPTO and PITORRO: Lessons in Branding Puerto Rican Rum
Trademarking Pitorro: A Real-World Example I know from my LinkedIn feed that I’m not the only trademark lawyer who slips into Trademark Lawyer Mode™ while shopping or just driving around.…
The Trademark Blog
5th Circuit: No Lanham Act remedy for disputes between co-owners of a trademark
DI Reed v. Joi Marshall; Tonya Harris, aka Tonya Kelly; Myracle Hollowway, 24-20198, (5th Cir. July 2, 2025) "Critical to resolving this dispute is understanding that Reed, Marshall, and Harris…
The Brand Protection Blog
TTAB Draws the Line on “See Prior Arguments”
In a precedential opinion issued June 6, 2025, the United States Patent and Trademark Office’s (“USPTO”) Trademark Trial and Appeal Board (“TTAB”) affirmed the refusal to register PRINCETON EQUITY GROUP…
Drug & Device Law
EDNY Requires Lanham Act Defendant to Produce Information Regarding Payments to Law Firm
Late last year we said that almost every legal conference these days has a session on artificial intelligence. It is de rigeur. That is also true with respect to litigation…
The HB Blog
Copycat Concerns: What Hospitality Brands Need to Know About Trade Dress
Trade dress, a subset of trademark law, plays a critical role in protecting the unique visual identity of businesses, including restaurants and hotels. Violations of trade dress can lead to…
ILN IP Insider
Can U.S. Trademark Registrations Be Cancelled for Genericness?
By Daniel H. Bliss of Howard & Howard
By Daniel H. Bliss Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with…
Supreme Court Update
Dewberry Group, Inc. v. Dewberry Engineers Inc. (No. 23-900)
By David R. Roth, Ariela Anhalt
The federal Lanham Act provides that a plaintiff who prevails in a trademark infringement suit is sometimes entitled to recover the “defendant’s profits” derived from the infringement. But does the…
Above the Fold
The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be…
The Brand Protection Blog
Reputation Reaches Across Borders: TTAB’s Ruling Charts New Course for Foreign Marks
The Board’s Decision In a significant precedential ruling, Plumrose Holding Ltd. v. USA Ham LLC, No. 91272970, 2025 WL 248763, at *1 (Jan. 17, 2025), the Trademark Trial and Appeal…
Libation Law Blog
Kentucky’s Bourbon Battle: Court Dismisses False Advertising Claims in “First Black-Owned Distillery” Dispute
A federal court in Kentucky recently weighed in on a branding battle between two bourbon distilleries—Brough Brothers Distillery and Fresh Bourbon, both of which claim to be Kentucky’s “first Black-owned…