United States: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Nominative Fair Use Doesn’t Stop Airbnb From Reclaiming Domain Name
When a domain registrant incorporates a world-famous trademark into their web address, claiming to describe a legitimate service may not provide legal protection. A Ninth Circuit ruling in Smith v. Airbnb demonstrates how courts evaluate cybersquatting claims under the ACPA, examining the boundaries of nominative fair use and the limits of safe harbor defenses when famous brands are embedded in domain names.
United States IP
MG
Marks Gray
Article
Measuring Likelihood Of Confusion: The Eveready Survey Format
The Eveready survey format is a widely accepted methodology for measuring likelihood of confusion in trademark disputes, particularly when a well-known mark is already established in consumers' minds. This article examines the origins of this survey format, explains how it differs from alternative approaches, and demonstrates its application through real-world intellectual property cases.
United States IP
IMS Legal Strategies
Article
Trademark Registration In Central America: How To Build A Country-by-Country Filing Strategy
Businesses expanding into Central America often assume regional distribution agreements provide matching trademark protection, but each country maintains its own separate registration system. Understanding how to build a strategic country-by-country filing plan based on manufacturing locations, distribution territories, and commercial exposure—rather than just retail sales—can prevent costly conflicts and protect brand value across all seven Central American markets.
United States IP
HS
Harris Sliwoski
Article
United States Trademark Ownership Errors: How Small Filing Mistakes Become Expensive Problems
Trademark ownership errors in USPTO records often remain hidden for years until a transaction, financing, or litigation forces a title review. Two recent cases demonstrate how minor filing mistakes—a misplaced hyphen and an incorrect applicant name—can create expensive problems that require extensive documentation to resolve, especially when corporate records have been lost or key personnel have departed.
United States IP
HS
Harris Sliwoski
Podcast
Pattie Gonia v. Patagonia: When Trademark Enforcement Becomes A Brand Crisis (Podcast)
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.
United States IP
MB
Mayer Brown
Article
Jury Gives UGG Design Patent The Boot
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
United States IP
KM
Katten Muchin Rosenman LLP
Article
Pizza Puff Dispute Highlights That The Nuances Of Trademark Infringement Aren’t Just Fluff
When a Chicago-based food company with decades-old federal trademark registrations for "Pizza Puff" challenged global pizza chain Little Caesars over its "Crazy Puffs" marketing, the Seventh Circuit delivered a stunning reversal that stripped away the local brand's protections. The appellate court's decision exposes how even officially registered trademarks can collapse when consumers view them as generic product categories rather than distinctive brand identifiers, forcing a critical examination of what tr
United States IP
MG
Marks Gray
Article
Don’t Ignore A “Cease And Desist” Letter
When a business receives a cease and desist letter, it faces a critical decision point that demands strategic action rather than avoidance. This article explores the nature of these legal challenges, from intellectual property disputes to non-compete violations, and examines how businesses should analyze claims, evaluate insurance coverage, and craft responses that protect their interests while potentially resolving conflicts before litigation.
United States Litigation
Wa
Ward and Smith, P.A.
Article
Patents, Trademarks And Copyrights, Oh My! Choosing The Right Form Of Intellectual Property Protection.
Understanding the fundamental differences between patents, trademarks, and copyrights is crucial for anyone looking to protect their intellectual property. This comprehensive guide explores how each form of protection works, when to use them, and debunks common misconceptions that could leave your creative works, inventions, or brand vulnerable.
United States IP
HR
Heslin Rothenberg Farley & Mesiti
Article
Covering All The Bases: A Look At MLB’s Trademarks
Major League Baseball's All-Star Game logos and branding represent a sophisticated trademark strategy that extends far beyond the field. From specially designed annual logos featuring location-specific graphics to protected acronyms and classic baseball phrases, MLB demonstrates how comprehensive intellectual property protection creates valuable assets across merchandise, broadcasting, and brand identity.
United States IP
LD
Lerner David
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