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Marks, Works & Secrets Blog

Articles: 1-10 of 78

The Third Circuit Limits Preclusive Effect of the TTAB Rulings

USA - September 28 2021 On September 17, 2021, the Third Circuit held in Beasley v. Howard that trademark Cancellation proceedings before the Trademark Trial and Appeal…

If Warhol Isn’t Transformative, Who (or What) Is? The Second Circuit Finds Andy Warhol’s Prince Series Not Fair Use

USA - April 8 2021 On March 26, 2021, the Second Circuit reversed a 2019 district court ruling and held that Andy Warhol’s “Prince Series” did not qualify as fair use…

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

USA - March 18 2021 In a fifty-seven-page Memorandum Opinion and order, the United States District Court for the Southern District of New York granted a fashion brand…

Not All Domain Names Are Registrable, Even After Booking.com

USA - March 11 2021 The question of whether a generic term combined with the .com gTLD extension could serve as a trademark was settled last July, when the U.S. Supreme…

Proud to Be an American God Bless The USA, But Not Functioning as A Trademark

USA - December 7 2020 In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to…

Slogans as marks: when does a slogan function as a mark

USA - November 4 2020 Slogans can, but do not always, function as trademarks. To be sure, the United States Patent and Trademark Office (“USPTO”) frequently allows slogans…

Lehman Brothers is Gone but Not Abandoned

USA - October 8 2020 On September 30, 2020, the Trademark Trial and Appeal Board ruled in favor of the assignee of the famous Lehman BROTHERS trademark against the…

Genericness is in the Eye of the Beholder, i.e., the Public: BOOKING.COM is a Protectable Trademark

USA - July 7 2020 On June 30, 2020, the U.S. Supreme Court (the “Court”), in an 8-1 decision, affirmed the Fourth Circuit’s holding that “BOOKING.COM” is a protectable…

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

USA - May 18 2020 On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. V. Marcel Fashion Group Inc., that a party is not…

The Parameters of Generic Marks: Booking.com before the Supreme Court

USA - May 14 2020 The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable…