** Drew Engel, a Summer Associate in NRF’s Minneapolis office, assisted with this article. Drew is supervised by attorneys who are licensed in the state of Texas.**
The Tenth Circuit’s recent decision in Hetronic Int’l Inc. v. Hetronic Germany GmbH
Supreme Court Rules Section 2(c) of Lanham Act Constitutional and TRUMP TOO SMALL Not Registrable
** Logan Woodward, a Summer Associate in NRF’s Minneapolis Office, assisted with this article. Logan is supervised by attorneys who are licensed in the State of Texas. **
In June 2024, the Supreme Court held in Vidal v. Elster that
Trademarks and NFTs: The battle over “MetaBirkin” NFTs continues
** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office. Logan is supervised by attorneys who are licensed in the State of Texas.
The MetaBirkin dispute continues before the United States Court of Appeals for
United States Supreme Court sidesteps discovery rule question and allows copyright owners to recover damages without time limit
The Copyright Act provides that a copyright owner must bring an infringement claim within three years of its accrual. See 17 U. S. C. §507(b). In Warner Chappell Music, Inc., et al., Petitioners v. Sherman Nealy, et al., 601
TTAB Confirms Characters Can Be Registered as Trademarks If The Characters Function as Trademarks
In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. In re Joseph
Jack Daniels Finally Has its Day Before the Supreme Court
The United States Supreme Court held oral arguments in connection with a dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack
Supreme Court Considers the Reach of the Lanham Act Outside of United States
The United States Supreme Court heard arguments on Tuesday, March 21, 2023, on the international limitations, if any, of the Lanham Act. In Abitron Austria GmbH, et al., v. Hetronic International, Inc. (No. 21-1043), the Court heard arguments not only
A Later-Filed Unattacked Registration Establishes Priority in Board Proceedings
In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” Nkanginieme v. Appleton
TTAB Sustains Opposition Based on Applicant’s Failure to Secure the Consent of a Living Individual
Terminal Moraine Inc. (“Applicant” or “Terminal Moraine”) sought registration on the Principal Register of the mark:
for the following goods and services:
- Backpacks and shoulder bags for use in camping, and hiking, sold exclusively at sporting goods, outdoor, and mountaineering
After Years of Hounding from Jack Daniel’s, Supreme Court Agrees to Hear Bad Spaniels Parody Trademark Case
The dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a parody dog toy continues and will finally proceed to the Supreme Court. The case centers around a parody dog toy sold by VIP that mimics the label of