Scandalous Trademarks: Fuct

In Iancu v. Brunetti, the Supreme Court recently struck down the United States Patent and Trademark Office’s (USPTO) ban on scandalous trademarks for violating the First Amendment. This ruling is in accordance with the Court’s 2017 ruling in Matal v. Tam when it found that a registration for an Asian American band named The Slants […]

Trademarks: Stylized Font v. Basic Word Mark

You’ve created an amazing new product and your mind has drifted to marketing: catchy names, more fonts than you knew existed, and striking designs. As the perfect logo finally takes shape, another thought crashes through your mind—knock-offs. How will you stop them? If an answer like trademarks comes to mind, you are already ahead of […]

Is “UGG” Generic? Understanding the Doctrine of Foreign Equivalents

Deckers Outdoor Corp. (Deckers), the owners of the well-known, federally registered trademark for sheepskin boots, “UGG,” recently scored a major victory over its competitor, Australian Leather Ltd. (Australian Leather). A jury in Illinois awarded it $450,000 in damages for the willful infringement of two of its trademarks. It was not in dispute whether Australian Leather […]

How Can a Trademark Be Lost During the Trademark Application Process?

In the first part of this series, we discussed why a business should register their trademarks. In the second part of this series, we will discuss how a trademark can be lost during the trademark application process. While some of these issues may not result in instant loss of trademark rights, issues could occur during […]

USPTO Requires Foreign Trademark Applicants to Appoint U.S. Attorney

Written by Vincent Allen The U.S. Patent and Trademark Office (USPTO) now requires that any applicant, registrant or party to a trademark proceeding whose domicile is not located within the U.S. must be represented by a U.S. attorney. You can find the new rule at 37 C.F.R. § 2.11. The rule was effective August 3, […]