Across the globe, businesses are keen to appeal to increasingly ethical consumers by promoting ambitious ESG initiatives. This has led to a flood of “green” claims – such as “sustainable”, “environmentally friendly” and “net carbon zero” – in almost every
intellectual property
Reputation Reaches Across Borders: TTAB’s Ruling Charts New Course for Foreign Marks

The Board’s Decision
In a significant precedential ruling, Plumrose Holding Ltd. v. USA Ham LLC, No. 91272970, 2025 WL 248763, at *1 (Jan. 17, 2025), the Trademark Trial and Appeal Board (“Board”) has expanded protection for foreign trademark owners…
Keeping your business IP safe- Intellectual property in a disrupted employment environment

This article was co-authored by Bella Baker
We live in a disrupted world. One impact from this is a gig economy that increasingly favours contractors and freelancers, allowing for more flexible working arrangements. This has also led to the growing…
How DC and Marvel lost their “Superheroes” shield

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.…
Intellectual property and the digital world


The digital economy is built around speed, simplicity and more efficient ways of doing things. Data security and privacy is expected but is often negotiable as consumers are enticed to trade private information for efficiency or more attractive offers. In…
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…
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…