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
intellectual property
Who’s in control? Liability for copyright infringement by contractors and software developers
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate…
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…
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?

Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps…
U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages
The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised…
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…
Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion
Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services.

Home Chef began using its HC Home Mark
and Home Chef Home Logo
(collectively, the “HC Marks”)…
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…
Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit
The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. and Shenzhen Sanlida Electrical Technology Co., Ltd. (collectively “Shenzhen”) from selling stand mixers that allegedly infringe Whirlpool Corp.’s (“Whirlpool”) famous KITCHENAID trademarks…
TTAB Prohibits Sur-Sur-Rebuttals in Trademark Proceedings
In a recent precedential opinion in Monster Energy Company v. Coulter Ventures, LLC, Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023), the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies…


