Superbabies Limited (“Superbabies”) creates comics called “The Super Babies,” featuring a team of superhero babies. On May 14, 2024, Superbabies filed a heavily animated petition (“Petition”) to cancel the marks SUPER HERO (U.S. Reg. No. 8,25,835) and SUPER HEROES (U.S.
Trademark
10th Circuit Moves Forward with Supreme Court Directive: Domestic Anchor Required for Lanham Act Application
** 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…
Ninth Circuit’s decision “RAW”ks trademark world: BBK Tobacco & Foods LLP v. Central Agriculture, Inc.
In April, the Ninth Circuit issued a precedential decision, BBK Tobacco & Foods LLP , in that could change the course of a trademark applicant’s ability to register a mark. BBK Tobacco & Foods LLP v. Central Agriculture Inc.…
Trade Secrets Triumph: Mega RMB201.54m Verdict
On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD…
The TTAB’s Periodic Reminder that Deadlines Matter
In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark
(hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation…
EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier
In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the…
Black Card Can Register FOLLOW THE LEADER Mark
In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase.
Black Card applied to…
Sweeter than Watermelon: When are Fruit Designs Functional?
The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a…