When launching a new brand, a frequently asked question by trademark practitioners is whether a new brand can use a name already in use by another entity that has not registered it. Surprisingly, the response is often “not necessarily,” allowing strategic approaches to emerge in trademark law. While a company might feel blocked, there are…
U.S. Patent and Trademark Office (USPTO) Director John Squires has petitioned the Federal Circuit to review a Patent Trial and Appeal Board (PTAB) decision that upheld Corteva Agriscience LLC’s patent on insect-resistant corn. Squires contends that the PTAB’s ruling contains errors warranting appellate intervention. The PTAB’s decision, issued in November 2025, affirmed the validity of…
In a significant legislative move, the U.S. Senate has approved a bill designed to combat the influx of counterfeit and pirated goods into the United States. This bipartisan initiative allows customs agents to share critical information regarding suspected counterfeit packaging and shipments directly with intellectual property holders, e-commerce businesses, and transportation firms. The intent is…
The latest developments in intellectual property law have seen a flurry of activity involving prominent brand names and emerging technologies. A significant point of contention has arisen from the battle over the “Iceman” trademark. This nickname, made famous in both sports and entertainment circles, is now at the center of a crowded trademark race. Multiple…
An insurance company is not obliged to provide a defense to an apparel company in its ongoing trademark battle with Adidas, according to a recent ruling by a California federal judge. The court determined that the claims against the company were excluded from coverage due to the “prior publication” clause, a component often found in…
FedEx Corp. has recently petitioned the U.S. Supreme Court to review a decision by the Federal Circuit, which chose not to evaluate whether Qualcomm adhered to real-party-in-interest (RPI) requirements in its petitions challenging certain FedEx patents. This move comes even after the U.S. Patent and Trademark Office acknowledged an error in handling the case. Such…
Howard Katzenberg, formerly a fintech CFO, has developed a U.S. trademark software platform known as GleanMark, emerging from his own trademark dispute. The platform offers an array of services such as AI-driven clearance analysis, drafting responses to office actions, automated deadline tracking, and portfolio monitoring. It’s constructed on a proprietary database of the federal trademark…
In a recent legal skirmish, a group of personal injury attorneys has urged a Colorado federal judge to dismiss threats from Franklin D. Azar & Associates PC, a distinguished Denver firm, over alleged trademark infringements. The plaintiff firm claims that it is being pressured for millions in damages due to accusations that advertisements run in…
In a recent legal development, a group of personal injury lawyers have presented their case before a Colorado federal judge, challenging the actions of the well-known firm Franklin D. Azar & Associates PC. The Denver-based firm has allegedly been targeting these attorneys with accusations of trademark infringement related to advertising activities in Colorado, asserting claims…
In a series of influential decisions, U.S. Patent and Trademark Office Director John Squires has initiated a review of four significant patents, marking a critical development in intellectual property oversight. At the same time, six petitions were denied, reflecting a nuanced approach toward patent challenges and their merits. These determinations are part of Squires’ broader…
In a significant decision by the U.S. Patent and Trademark Office (USPTO), a panel led by Director John Squires determined that a patent application from Sanofi must be rejected under the doctrine of double patenting. The ruling underscores ongoing tensions in patent law balancing, where older doctrines intersect with evolving interpretations aimed at fostering innovation….
A federal judge in California recently allowed an interlocutory appeal in a case involving trademark claims over the “Toy Story 3” character Lotso. This case highlights a significant First Amendment issue concerning whether merchandising by corporate affiliates can strip movie distributors of First Amendment protections when a character’s name is used onscreen. The decision to…
Coke Morgan Stewart, who recently stepped down from her role as deputy director of the U.S. Patent and Trademark Office (USPTO), spoke candidly this week about the driving factors behind recent policy changes she helped implement. Stewart expressed that these changes, particularly the new limitations on patent challenges, were necessitated by what she described as…
A long-standing legal battle over the leaping trout logo of SweetWater Brewing has ended with the graphic designer who created the logo agreeing to dismiss his $31 million lawsuit. The designer accused the Atlanta-based brewery of using the logo without permission after Aphria Inc.’s acquisition of SweetWater for $366 million in 2020. Further details can…
Intellectual property attorneys are faced with significant challenges in trademark protection, a reality underscored by the recent dismissal of Gas Drawls LLC v. Whaleco Inc. in the U.S. District Court for the Central District of California. This case, brought by Gas Drawls LLC—an entity associated with the late musician MF Doom—against Whaleco Inc., emphasizes the…
In a notable case highlighting the implications of relying on artificial intelligence in legal processes, a Connecticut federal judge recently fined a defense attorney $3,500 for submitting motions fraught with AI-generated inaccuracies. The attorney, involved in a trademark dispute over a taco restaurant’s branding, acknowledged the errors after the court’s intervention, expressing regret and promising…
A recent decision by a Connecticut federal judge highlights the challenges lawyers face with the increasing reliance on artificial intelligence for legal drafting. An attorney involved in a trademark dispute for a taco restaurant was fined $3,500 after submitting motions containing numerous AI-generated errors. The court found that despite the attorney’s expressions of regret and…
A surge in patent litigation has been observed with the number of patent suits filed in 2025 hitting a decade-high. This upswing is attributed to recent U.S. Patent and Trademark Office (USPTO) policies that have imposed stricter criteria for challenging patents before the Patent Trial and Appeal Board (PTAB). As a result, more companies are…
In 2025, the number of patent lawsuits reached new heights, surpassing records from the past decade. This increase, as highlighted in a recent report, is attributed to revisions in the U.S. Patent and Trademark Office’s policies, which have raised the bar for challenging existing patents. These developments are reshaping the legal landscape, prompting companies to…
The Eleventh Circuit recently upheld a Florida jury’s finding that a company producing battery chargers infringed on a competitor’s trademarks through advertisements on platforms like Amazon. This decision confirmed a $12.1 million disgorgement order, aligning with the jury’s earlier determination that the company’s actions were indeed infringing. While affirming this substantial monetary judgment, the appellate…
ArentFox Schiff LLP has announced the establishment of a new office in Silicon Valley, marking its third footprint in California. This strategic move coincides with the onboarding of a four-attorney team specializing in trademark and brand matters from Reed Smith LLP. This expansion underscores the firm’s intention to deepen its involvement in the dynamic tech-centric…
The Ninth Circuit Court of Appeals recently issued a significant ruling in favor of VIP Products, ending a decade-long trademark dispute with Jack Daniel’s over VIP’s “Bad Spaniels” dog toy. The court concluded that Jack Daniel’s could not demonstrate that the poop-themed parody of its whiskey bottle would likely tarnish its famous trademarks. This decision…
In a notable expansion move, ArentFox Schiff has inaugurated a new office in Silicon Valley, aligning itself strategically with tech-centric legal demands by integrating a specialized trademark team. This development underscores the firm’s focus on catering to the burgeoning intellectual property needs within the technology industry. The establishment of this office marks a significant entry…
In a recent legal development, a Texas federal judge has reaffirmed the decision of a jury that found a Florida-based guitar manufacturer had infringed upon the trademarked shapes of Gibson Inc.’s iconic guitars, specifically the Flying V and Explorer models. This decision came despite the defendant’s push for a new trial, resulting in an upheld…
Buc-ee’s Ltd., the chain known for its sprawling travel centers and iconic beaver mascot, has been making headlines for its rigorous trademark enforcement efforts. Recently, comedian John Oliver added his voice to the conversation by introducing a satirical character called “Buc-Off,” directly challenging Buc-ee’s to take legal action against him, as discussed in an article…