Carstens, Allen & Gourley, LLP Recognized as Texas Super Lawyers of 2023

We are proud to announce Texas Super Lawyers has again recognized Carstens, Allen & Gourley, LLP in its 2023 annual award listing. This list of Super Lawyers, published by Thomson Reuters, is based on peer recognition and professional achievements. Of those nominated, no more than five percent of the total lawyers in the state are selected […]

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 […]

Netflix Bandersnatch Likely to Confuse?

Written by Samie Leigh A recent lawsuit filed in Vermont against Netflix claims that Netflix’s interactive film Bandersnatch is likely to cause confusion to viewers. As consumers of Netflix, many would agree that Bandersnatch is quite confusing. The premise involves an aspiring video game designer, Stefan, who develops a game based on a fictitious interactive […]

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 […]

Why Should I File for a Trademark Registration? Part One

You may be wondering why you should register your business’s trademarks.  A business’s brand and identity are two of its most valuable assets. Recently, Nike was said to have received over 22 million dollars from Tiger Woods’ win at the 2019 PGA Masters solely because of the publicity of its trademark swoosh during the tournament. […]