Tag: Trademark Law
Protect Your Brand: The Importance of Active Trademark Use
October 15, 2025
Having a federal trademark registration is a significant step in protecting your brand, but it doesn’t guarantee that you’re completely in the clear. While these registrations come with a variety of benefits and protections—particularly for the goods and services listed—it’s…
Read MoreAvoiding Intellectual Property Mistakes: The Importance of Trademarks
September 24, 2025
When it comes to branding your company or product, choosing a name that closely resembles an existing trademark can lead to some serious trouble, such as a cease and desist letter or even a trademark infringement lawsuit. To steer clear…
Read MoreUnderstanding the Purpose of Trademarks
September 10, 2025
Have you ever wondered what the role of a trademark really is? Trademarks are more than just symbols or logos; they play a vital role in the marketplace by helping customers easily identify the source of a product or service.…
Read MoreWhen Is a Trademark Too Descriptive? Federal Circuit Affirms “iVoterGuide” Is Not Protectable
April 9, 2025
Heritage All. v. Am. Pol’y Roundtable Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important lessons for anyone hoping to protect a descriptive brand name as a trademark. In Heritage Alliance v. American Policy Roundtable,…
Read MoreWhen Is a Trademark Generic? Federal Circuit Clarifies in “Fireball” Whiskey Dispute
March 12, 2025
Bullshine Distillery LLC v. Sazerac Brands, LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision, Bullshine Distillery LLC v. Sazerac Brands, LLC, tackled the question of when a term is considered generic for trademark purposes. The case centered…
Read MoreWhen Similar-Looking Trademarks Aren’t Confusing: A Recent Lesson from the Appeals Court
September 3, 2024
Tribe of Two, LLC v. Vidal Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how two trademarks can look somewhat alike but still be considered legally distinct, avoiding confusion in the marketplace. The case involved…
Read MoreMinority Owner of Winery Lacks Standing to Cancel Confusing Trademarks
May 23, 2024
Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals for the Federal Circuit highlights the limits on who can challenge registered trademarks at the U.S. Patent…
Read MoreTrademark Board Must Reconsider Baby Product Confusion Case After Evidence Overlooked
February 15, 2024
Naterra Int’l, Inc. v. Bensalem Authored by: Jeremy J. Gustrowsky A recent decision highlights how important it is for the Trademark Trial and Appeal Board (TTAB) to fully consider all relevant evidence when deciding if two trademarks are likely to…
Read MoreSlogan “EVERYBODY VS RACISM” Denied Trademark Protection for Failing to Identify a Single Source
January 22, 2024
In re Go & Assocs., LLC Authored by: Jeremy J. Gustrowsky The United States Court of Appeals for the Federal Circuit recently affirmed a decision that denied trademark registration for the phrase “EVERYBODY VS RACISM.” The applicant, GO & Associates,…
Read MorePink Hip Implants Lose Trademark Protection: Federal Circuit Says Color Is Functional
January 3, 2024
CeramTec GmbH v. CoorsTek Bioceramics LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the cancellation of CeramTec GmbH’s trademarks for the pink color used in its ceramic hip implant components. CeramTec, a manufacturer of…
Read MoreCharlie Meyer quoted in The Indiana Lawyer, "Say what?: Trademark case tests ‘scandalous,’ ‘immoral’ standards"
April 25, 2019
Charlie Meyer was quoted in The Indiana Lawyer article, “Say What?: Trademark Case Tests ‘Scandalous,’ ‘Immoral’ Standards.” What’s more, the scandalous and immoral clause seemingly gives the government permission to treat some businesses differently than others based on the trademark…
Read MoreUsing a Webpage as a Specimen for Products Associated with a Trademark
April 18, 2019
When registering a trademark, the Patent and Trademark Office requires the submission of a specimen to show that a trademark is being used in interstate commerce. It is often tempting to simply submit a screenshot of a webpage showing the…
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