6/20/2025 5:18:28 PM Incontestably Confused: Incontestability and Actual Confusion in Trademark Claims By Nate Garhart A recent lawsuit between two pest control companies operating under the same BLACK WIDOW trademark offers a useful reminder about the...
6/16/2025 5:41:21 PM Federal Circuit Remands TTAB's False ECHO in Wine Dispute By Nate Garhart The USPTO and TTAB are usually quick to focus on shared terms when assessing the likelihood of confusion between trademarks. This will...
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...
6/3/2025 9:32:07 PM What's In a Name?: The Legal Landscape of Choosing Surnames as Trademarks By Nate Garhart As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames...
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...