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China – Suspension of Trade Mark Applications More Readily Available?

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on June 21, 2023

In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark.  This was particularly concerning to brand…

Supreme Court Rules in Favor of Jack Daniel’s in BAD SPANIELS Case: Parody Marks Can Still Function as A Source Identifier

Photo of Meg K. Tierney (US)
By Meg K. Tierney (US) on June 9, 2023

The United States Supreme Court issued its decision in a years-long 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 Daniel’s…

Up in Smoke: TTAB Denies Registration for Cannabis Paraphernalia

Photo of Stephanie Schmidt (US)
By Stephanie Schmidt (US) on May 16, 2023

The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).

Yet Another Change Coming Up?  Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on April 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. 

We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…

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The New York Times Company Secures Registration of Six Column Names, Including LIKE A BOSS and THE NEW OLD AGE

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on April 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND…

Jack Daniels Finally Has its Day Before the Supreme Court

Photo of Felicia Boyd (US)
By Felicia Boyd (US) on March 27, 2023

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…

Three Year Battle Ends with Lizzo Securing Registration for 100% THAT BITCH Mark

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on February 17, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed two refusals to register Grammy-winning singer Lizzo’s 100% THAT BITCH trademarks.

Lizzo’s company, Lizzo LLC, applied for two word trademarks in June 2019 for 100% THAT BITCH…

After Years of Hounding from Jack Daniel’s, Supreme Court Agrees to Hear Bad Spaniels Parody Trademark Case

Photo of Felicia Boyd (US)Photo of Meg K. Tierney (US)
By Felicia Boyd (US) & Meg K. Tierney (US) on December 7, 2022

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…

Vans secures temporary restraining order barring promotion and sale of Wavy Baby Shoes

Photo of Felicia Boyd (US)Photo of Kirsten Hash (US)
By Felicia Boyd (US) & Kirsten Hash (US) on September 13, 2022

In Vans, Inc. v. MSCHF Product Studio, Inc., No. 22CV2156WFKRML, 2022 WL 1446681 (E.D.N.Y. Apr. 29, 2022), shoe company Vans, Inc. (“Vans”) prevailed in obtaining a temporary restraining order and preliminary injunction against art collective MSCHF Product Studio, Inc.…

CAFC reverses Coca-Cola TTAB win in action involving Indian soda marks

Photo of Felicia Boyd (US)Photo of Nathan Mannebach (US)
By Felicia Boyd (US) & Nathan Mannebach (US) on August 22, 2022

In Meenaxi Enter. v. Coca-Cola Co., 38 F.4th 1067 (Fed. Cir. 2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to…

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