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Written by : Rosaleen Chou Key Takeaway: Even where goods are identical or closely related, the TTAB continues to place significant weight on differences in commercial impression. A mark’s meaning, whether driven by pop culture context or literal…
Written by : Charlene A. Azema & Alexander G. Trimes Key Takeaway: Non-traditional trademarks like sound marks can provide valuable protection for distinctive sounds that function as source identifiers, particularly where other forms of intellectual…
Written by : Catherine Holland & Eric R. Blosser Key Takeaway: The Trademark Trial and Appeal Board (“ TTAB ” or “the Board”) afforded no weight to a bare-bones trademark consent agreement that contained no provisions for the…
Written by : Ari Feinstein , Jonathan Menkes and Cassidy McCleary Key Takeaways: While the legal landscape is continuing to take shape, a number of recent court decisions indicate that unlicensed use of copyrighted data to train AI models generally…
Written by : Ian W. Gillies 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 famous in the 1984 film…
Written by : Greg Phillips and Eric R. Blosser Key Takeaway : A case currently before the Trademark Trial and Appeal Board (“TTAB”) has the potential to significantly widen the scope of trademark dilution protection by allowing companies to…
Written by : Jonathan Menkes and Eric R. Blosser 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, this amendment may threaten the…
Written by : Rosaleen Chou and Shritika Dahal While internet domains exploded with opportunities for businesses to connect with customers, it also opened floodgates for conflict. Domain name disputes are a frustrating and damaging reality for brands that…
Written by : Jonathan Hyman and Julia N. Hanson 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 , “ NFL teams go through anywhere…
Written by : Greg Phillips and Stella B. Haynes Kiehn 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…
Written by : Greg Phillips 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 the applicant lacked bona fide intent to use the…
Written by : Greg Phillips and Stella B. Haynes Kiehn Image Source: Popmart THE MONSTERS - Have a Seat Vinyl Plush Blind Box In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing…
