United States: Trademark

Subscribe
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.
Podcast
Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)
The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
Can There Be Too Little Use To Preserve A Right In A U.S. Trademark Registration?
Can the sale of just four saxophones over three years be enough to prevent a U.S. trademark registration from being cancelled for abandonment? This case examines the critical distinction between minimal use and bona fide use in trademark law, exploring what constitutes sufficient commercial activity to maintain trademark rights when a historic brand is challenged by a competitor.
United States IP
CL
Cowan Liebowitz & Latman PC
Article
When AI Tells You What Legal Work You Need
Businesses increasingly rely on AI for legal guidance, but artificial intelligence often provides generic solutions without understanding specific circumstances. This article examines the growing trend of clients arriving at law firms with AI-generated legal plans and explores why professional judgment remains essential in determining what legal protections companies actually need versus what AI suggests they should have.
Global IP
HS
Harris Sliwoski
Article
The Cost Of Brand Protection: US Trademark Dispute Between Patagonia And Pattie Gonia
When outdoor apparel giant Patagonia sued drag queen and climate activist Pattie Gonia over trademark infringement, the case ignited a firestorm of public backlash that transcended legal boundaries. This dispute examines how trademark enforcement collides with cultural expression in the drag community, where performers traditionally adopt playful names referencing established brands, and explores the delicate balance between protecting intellectual property rights and maintaining brand reputation
United States IP
GW
Gowling WLG
Article
Reading, Writing And … IP
Intellectual property has become central to innovation and entrepreneurship, yet most students receive little instruction on protecting ideas or understanding creative rights. This article explores how schools can introduce age-appropriate IP concepts from elementary through college, equipping future professionals with essential knowledge to navigate ownership, collaboration, and commercialization in the modern economy.
United States IP
DW
Dickinson Wright PLLC
Article
Buc-ee's Trademark Enforcement Backlash: Can Aggressive Enforcement Create Brand Risk?
Buc-ee's aggressive trademark enforcement against a small Ohio convenience store has sparked national backlash, raising critical questions about when protecting legal rights begins damaging brand reputation. The case illustrates how enforcement actions can amplify the very threats they aim to suppress, transforming obscure defendants into sympathetic underdogs while generating boycotts, political criticism, and reputational harm that may exceed the original business risk.
United States IP
K
Klemchuk
Article
Functionality Can Bar Registration Of A Single-Color Trademark
The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.
United States IP
CL
Cowan Liebowitz & Latman PC
Article
Trade Dress in the Ice Cream Aisle: $23.785 Million Disgorgement Award Bolsters Brand Owner Rights in Product Packaging
A federal court awarded $23.785 million in damages after finding that minimalist ice cream packaging infringed a competitor's trade dress, demonstrating how combinations of simple design elements can create protectable rights. The decision establishes concrete standards for defining packaging trade dress, preserving design records, and quantifying damages when aesthetic choices become marketplace identifiers.
United States IP
MB
Mayer Brown
See more
See more