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In an interesting case at the intersection of patent and trademark law, as well as that of functionality and branding, Change Wind Corporation (Change) has lost its bid to register its turbine design as a federal trademark. Change filed U.S. Trademark…
Written by Mark Kachner and Daniel P. Hughes Editors: John Sganga , Joseph Cianfrani and Boris Zelkind Judgments and Awards On August 14, 2017, a New York federal court determined that Tiffany and Company and its affiliate (“Tiffany”) were…
Written by Rebecca L. Wright, Ph.D. and Ian W. Gillies Edited by Loni Morrow and Catherine Holland Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the…
Written by Lesley Kim and Jonathan Hyman Edited by Catherine Holland U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual…
Written by Diana E. Wade and Jeff Van Hoosear Edited by Catherine Holland For many students in the United States, the first day of school is less than a month away. This means the back-to-school shopping season has started. Teenagers, middle schoolers, and…
Written by Loni Morrow , Vicki Nee and Susan Natland Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of…
Written by Nicole R. Townes and Catherine Holland Edited by Jeff Van Hoosear As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued…
Written by Jeff Van Hoosear and Jonathan Menkes Edited by Catherine Holland In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified…
Written by Rebecca L. Wright, Ph.D. and Jason J. Jardine Edited by Loni Morrow and Catherine Holldand Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy…
Written by Lesley Kim and Robert Roby Edited by Loni Morrow and Catherine Holland In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in…
In a previous post , in reaction to Apple’s game of branding hide-and-seek, I introduced the idea of a delay in initial publication of new U.S. trademark applications. As brief background, in March 2014 Apple filed a trademark application for the…
Written by Nicole R. Townes and Jason J. Jardine Edited by Loni Morrow and Catherine Holland On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches,…
