Worldwide: Trademark

Nike's attempt to register a B9 logo for basketball player Bronny James has been rejected due to a conflict with an existing trademark from Black 9 Golf. This case highlights the complexities of trademark registration in the sports and fashion industry, where brand protection and potential conflicts must be carefully navigated.

The USPTO has announced significant updates to its data access requirements, pilot programs, and trademark examination procedures. New precedential and informative decisions from the Patent Trial and Appeal Board establish important standards for Director discretion in AIA reviews and address inconsistent claim construction positions between Board proceedings and district court litigation.

This quarterly installment examines critical legal challenges facing in-house counsel, from WD-40's trade secret protection strategy and copyright ownership complexities to the emerging risks attorneys face when integrating generative AI into their practice. The series also explores how trademark law intersects with AI-generated deepfakes and why relying on public AI tools for legal guidance may compromise privilege protections.

Adding to case law addressing franchisor–franchisee disputes involving system departures and post-termination competition, the United States Court of Appeals for the Sixth Circuit issued its opinion...

Stadium naming rights and sponsorship agreements involve complex negotiations between venue operators and brand marketers, requiring careful attention to trademark licensing, exclusivity provisions, and long-term risk allocation. Legal practitioners must navigate intricate issues ranging from signage placement and digital visibility to player name-image-likeness rights and force majeure provisions.

Fraudsters are exploiting publicly available USPTO trademark application data to send sophisticated phishing emails that impersonate federal correspondence and demand participation in fake "mandatory verification appointments." These scams use real application details to pressure trademark applicants into providing payment information and personal data under threat of application abandonment.

May is Small Business Month, and as businesses build momentum, protecting brand value becomes critical. Many growing companies assume basic steps like using TM symbols or registering an LLC provide adequate trademark protection...

As "dupe culture" continues to reshape consumer markets and brand loyalty, Marshall Gerstein attorneys discuss the growing legal and business challenges surrounding lookalike consumer products and trademark enforcement in the age of social media. The conversation explores how online marketplaces, influencer culture, and shifting consumer behavior are reshaping how brands approach intellectual property protection.

Receiving a Trademark Office Action from the USPTO doesn't mean your application is denied—it's a roadmap of issues that need resolution. Understanding the types of refusals, response strategies, and critical deadlines...