On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the Ninth Circuit vacated a permanent injunction barring VIP Products from selling its “Bad Spaniels” squeaky
Continue Reading Ninth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to KnowTrademarks
A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
By Elizabeth A. Patton & Paul Fling on
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 FindingTTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion Defense
By Melissa E. Scott on
In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them…
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseThe U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
By Melissa E. Scott on
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…
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesUSPTO’s Guidance on AI-Based Tools
By Elizabeth A. Patton on
Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before…
Continue Reading USPTO’s Guidance on AI-Based ToolsNAD Rejects Use of R Symbol
By Elizabeth A. Patton on
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol)…
Continue Reading NAD Rejects Use of R SymbolUSPTO’s New Assignment Center
By Elizabeth A. Patton on
The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its…
Continue Reading USPTO’s New Assignment CenterNew USPTO Madrid Protocol Webpages
By Elizabeth A. Patton on
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com). Specifically, the USPTO explains that its…
Continue Reading New USPTO Madrid Protocol WebpagesTaco Tuesday for All?
By Fox Rothschild LLP on
After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration…
Continue Reading Taco Tuesday for All?Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement
By Fox Rothschild LLP on
Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “biggest rock weekend of the year” with a “two-day festival-style…
Continue Reading Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement