6/11/2025 4:55:08 PM Outside Baseball: IP Rights in Public Performances By Nate Garhart A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of...
6/10/2025 5:19:38 PM New TTAB Precedent Prohibits Incorporation By Reference By Nate Garhart In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its...
6/9/2025 5:56:48 PM Mad Max or a Brand Warrior: HBO's Experience In the Branding Thunderdome By Nate Garhart After a two-year experiment under the MAX trademark, Warner Bros. Discovery is restoring HBO MAX as the brand for its flagship streaming...
6/4/2025 6:39:41 PM L'eggo My Rights: Parody or Trademark Violation? By Nate Garhart In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement...
5/16/2025 5:29:26 PM When Imitation is Neither Sincere Nor Flattering - Trademark Dilution By Nate Garhart With changing laws and the ubiquity of cannabis and vaping product and service providers, leveraging the familiarity of established...
5/14/2025 5:08:09 PM Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge By Nate Garhart In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to...
5/12/2025 4:24:43 PM In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights By Nate Garhart It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions...
5/8/2025 7:44:31 PM With Trademark Claims Against Gray Market Goods, the Devil Is in the Details By Nate Garhart When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and...
1/6/2025 6:35:02 PM Federal Circuit Notes Patent in Rejecting Trade Dress Protection By Nate Garhart As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be...
9/16/2024 6:34:36 PM Careful What You Wish For: Demand Letters Can Result in Unintended Litigation By Nate Garhart When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring...
6/25/2024 10:34:05 PM Is corporate separateness at risk? By Eugene Mar At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting...
6/7/2024 6:43:55 PM Certification Marks and Fame By Nate Garhart Trademarks and the Right to Stop Third-Party Use Trademark owners have the right to stop third parties from using marks that could cause...