The decision sets out the criteria to establish unregistered or common law trademark rights, notably in relation to personal names. Register for free to receive our newsletter, view leading trademark ...

In today’s competitive landscape, protecting your brand is more important than ever. A trademark serves as a shield for your ...

Trademarks or trade dress registered with the US Patent and Trademark Office (USPTO), under Section 32(1) (15 U.S.C. § 1114(1)). Unregistered common law trademarks and trade dress, under Section 43(a) ...

Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How ...

Sundance Botanicals LLC v The Power of Elderberries LLC (Case 2:20-cv-141-PPS, Northern District of Indiana (19 August 2022)), as noted by the district court on summary judgment, is a tale of two ...

There is a common misconception that anything can be trademarked. Not so. Trademarks, both at the common law and federal registrations, do not exist in a vacuum, but require actual use for some goods ...

With the rise of generative artificial intelligence (Gen AI), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law—and the ...