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Blogs > Trademark, Copyright, and Unfair Competition Law Blog

More Than Your MaⓇk™

Trademark, Copyright, and Unfair Competition Law Blog

Things you need to know about trademark law and brand protection.

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Mar 05, 2021

Three Things to Know About the Trademark Modernization Act of 2020

In December, the Trademark Modernization Act of 2020 (“TMA”) was signed into law. A bipartisan bill, the TMA contains several important trademark law reforms, including clarification of the burden that parties must satisfy to obtain an injunction in an infringement claim. » Read More

Feb 26, 2021

Trade Dress Claims Involving Food Design and Packaging

Your fond memories of the foods you enjoyed in your youth have to do with so much more than just the taste, the smell, and the mouthfeel. Try not to smile as you remember the curlicue on the top of a soft-serve ice cream cone, the sound it made when you opened a bag of potato chips, or the paper wrapping that would cling to the caramel of a Sugar Daddy lollipop when you unwrapped it just as the movie was about to begin. » Read More

Feb 12, 2021

Common Issues in Patent and Trademark Litigation

Utility patents protect ideas and inventions, design patents protect the ornamental aspects of a product, and trademarks protect the exclusive consumer association with your company that your brands, logos, or designs evoke. Despite the differences in these types of intellectual property (“IP”), lawsuits involving patents and trademarks have striking similarities and crucial differences. » Read More

Jan 17, 2020

Recent Trademark Decision Shows Getting a Trademark Registration for Geometric Shapes Is a Tough Bet

In In re IGT, the Trademark Trial and Appeal Board (TTAB) affirmed the Examiner’s refusal to register geometric shapes used in the applicant’s gaming machines.

While the decision does not offer anything new or surprising from a trademark perspective, it is a good example of the challenges in obtaining trademark registrations for geometric shapes, especially if the shapes are used merely as borders for information or as background. » Read More

Oct 04, 2019

A Legal and Commercial Overview of the Food and Beverage Industry in the United States and India

I was happy to present the webinar, “A Legal and Commercial Overview of the F&B Industry in the U.S. and India,” with Mohit Kapoor, Co-Founder of law firm Universal Legal Advocates in India, on October 1.  Universal Legal is a full-service law firm with a wide-reaching international presence and has been advising and assisting clients in the food and beverage space for 15 years. » Read More

Sep 09, 2019

Food and Liquor Brands: What You Need to Know About Trademarks

In a recent federal court ruling, a judge articulated once again why famous brands enjoy greater rights than those that lack renown.

The case pits two giants in wholly unrelated fields— clothing versus alcoholic beverages.

The lesson? Food, beverage, and liquor sellers should exercise caution and select brand names that are not the same or are not similar to those of existing “famous” brands, even in completely unrelated fields. » Read More

May 07, 2019

MORE THAN YOUR MAⓇK™ Guest Pete Picetti Answers Questions About Cyberinsurance Coverage

Today we have the pleasure of being joined by our guest, Pete Picetti of Heffernan Insurance Brokers.  Pete specializes in serving food and beverage clientele, and recently served with me on a panel on Risk Management at the Summer Fancy Food Association’s Business Summit in Chicago.   » Read More

May 06, 2019

USPTO Issues First Guidance on Examination of Cannabis Trademark Applications

The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications.  This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services.   » Read More