United States: Trademark

CBP’s Intellectual Property Enforcement Branch briefed eRecordation holders on August 27, 2026 on changes to the recordation application, future expanded pre-seizure disclosure authority, pending legislation, and an enforcement posture that has to consequence delivery, especially collecting penalties for IP violations.

While this blog normally writes about the issues facing the patentability of AI inventions, we want to write about a topic that is high on our radar: the USPTO’s plans for integrating AI into the examination process. While certain programs, such as the USPTO’s Artificial Intelligence Search Automated Pilot Program (ASAP!) program were previously tested, a greater question looms on the availability of examiners to use large language models (LLMs) as a tool for examination.

In an August 4, 2026 decision, the Ninth Circuit vacated a permanent injunction barring the sale of a Bad Spaniels squeaky dog toy, bringing the long-running dispute in VIP Products, LLC v. Jack Daniel’s Properties...

Navigating the federal trademark registration process requires understanding key steps from initial filing through long-term maintenance. This comprehensive guide walks through USPTO requirements, potential obstacles like office actions and opposition proceedings, and the ongoing obligations trademark owners must fulfill to maintain their registrations.

Web3 does not make intellectual property law obsolete, but it changes how stakeholders create, license, distribute, and enforce IP rights across digital ecosystems. Organizations operating in this space must understand that owning a token does not include ownership of the underlying copyright or trademark rights.

A third party successfully challenged a U.S. trademark registration for DISCUSS.IO, forcing its cancellation due to insufficient proof of actual commercial use. The Trademark Trial and Appeal Board found that promotional materials, articles, and archived screenshots failed to demonstrate that services were genuinely rendered in commerce at the application filing date, highlighting the critical importance of maintaining direct evidence of trademark use.

Mayer Brown IP partners Rich Assmus and Kristine Young examine the trademark dispute between outdoor apparel giant Patagonia Inc. and drag persona "Pattie Gonia," exploring how the infringement suit triggered a public backlash and Streisand effect. The discussion covers legal merits including trademark policing duties, weakened parody defenses post-Jack Daniels v. VIP Products, and the strategic implications of enforcement decisions versus coexistence agreements.

Explore the latest legal developments in fashion industry intellectual property, from California's groundbreaking textile waste legislation to landmark design patent disputes. This issue examines how environmental regulations and trademark battles are reshaping the business landscape for fashion brands and manufacturers.

A California jury's decision in Deckers Outdoor Corp. v. Last Brand Inc. found that Quince's boot design infringed Deckers' design patent while simultaneously invalidating the UGG Classic Mini design patent and declaring the trade dress generic. These rulings highlight the mounting legal challenges fashion brands face in protecting their intellectual property as dupe culture proliferates across social media, particularly when imitations replicate a product's overall appearance without using logos or tradema