Can adding a single word to a trademark save it from a likelihood of confusion finding? According to a recent Federal Circuit decision, the answer is no—at least when the
Continue Reading A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be
Continue Reading Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”FTC Issues Rule to Combat Fake Reviews and Testimonials in Advertising
Have you ever read a testimonial in an advertisement or the reviews on a product page and wondered if they were coming real customers? After a recent rule issued by
Continue Reading FTC Issues Rule to Combat Fake Reviews and Testimonials in AdvertisingPrimer on Cannabis Trademark Law and How Rescheduling Could Change the State of the Law
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. An article posted on
Continue Reading Primer on Cannabis Trademark Law and How Rescheduling Could Change the State of the LawTrademark Dispute Involving Washington Commanders Could Be Forthcoming
This Sunday, the Washington Commanders are set to introduce their new mascot, which the team has indicated will either be a hog or a dog. The former, however, may lead
Continue Reading Trademark Dispute Involving Washington Commanders Could Be ForthcomingLaws Regulating Advertising Targeted at Minors Apply Equally in Augmented and Virtual Reality
The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as
Continue Reading Laws Regulating Advertising Targeted at Minors Apply Equally in Augmented and Virtual RealityUSPTO Updates Trademark Manual of Examining Procedure
As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of
Continue Reading USPTO Updates Trademark Manual of Examining ProcedureUSPTO Issues New Guide Regarding an Examining Attorney’s Burden to Support Genericness Refusal
This past month, the United States Patent and Trademark Office issued a new examination guide regarding the burden an examining attorney must meet to refuse registration of an applied-for mark
Continue Reading USPTO Issues New Guide Regarding an Examining Attorney’s Burden to Support Genericness RefusalFTC Begins Enforcing COVID-19 Consumer Protection Act
As you may recall, the early days of the COVID-19 pandemic saw a short supply of various products. Toilet paper, alcohol wipes, hand sanitizer, masks, and even flour were in
Continue Reading FTC Begins Enforcing COVID-19 Consumer Protection Act
What is an Advertisement? The National Advertising Division Weighs In.
Every day we are inundated with countless advertisements. TV ads, radio ads, internet ads, billboard ads. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for
Continue Reading What is an Advertisement? The National Advertising Division Weighs In.