AI, Deepfakes, and the New Frontier of Trademark Law By Joseph M. Hallman Artificial intelligence (AI) has become increasingly prominent in modern society. Whether for work, personal, or other use, many individuals are using AI in some capacity on a daily basis. One aspect of AI that has sparked concerns is the emergence of deepfakes, which refer to AI-generated images, videos, or audio content wherein oftentimes such content […] Continue Reading →
6 Ways Inventors Can Help Their Patent Attorney Build a Better Patent By Melissa M. Mitchell For many inventors, filing a patent application is an unfamiliar process. Whether you are developing your first invention or you have been innovating for years, working effectively with your patent attorney can make a significant difference in the quality and strength of your patent application. A patent attorney’s job is to translate your invention into […] Continue Reading →
Can Companies Trademark Common Words? Understanding Why Trademark Battles Over Everyday Language Occur By Ashley E. Holland Why can some words like “Apple” be protected but others like “gruyere” cannot? Trademarks are used to protect words, phrases, designs, and any combinations. Many businesses are increasingly building their brands around simple words that are easy for consumers to remember. It seems that there are common words and phrases that are protected all the time. This is because trademark law in the U.S. attempts to balance protecting brand identities with preserving […] Continue Reading →
From the Gridiron to the Courtroom: Kelce and Mahomes Face Trademark Dispute By Andrew J. Morgan A federal complaint has been filed against Kansas City Chiefs superstars Travis Kelce and Patrick Mahomes, and their steakhouse restaurant, “1587 Prime”, in the United States District Court for the Southern District of New York. The Complaint (Case No. 1:26-CV-01337), which was filed by 1587 Sneakers, Inc. (“1587 Sneakers”), alleges three causes of action: 1) […] Continue Reading →
Trademark Considerations in the Purchase or Sale of a Business By Christine Lebron-Dykeman A trademark or service mark consists of any word, name, symbol, or device (e.g., product design or packaging, color, sound, or smell) that is distinctive and non-functional used by a person or business as a “source identifier”. In other words, when consumers or potential consumers see the mark, they associate it with the manufacturer or […] Continue Reading →
Dewberry v. Dewberry: Supreme Court Clarifies Trademark Damages Landscape By Christine Lebron-Dykeman On February 26, 2025, the U.S. Supreme Court, in Dewberry Group Inc. v. Dewberry Engineers Inc., Case No. 23-900 (U.S. Feb. 26, 2025) unanimously held that a trademark owner cannot recover the profits of an infringer’s affiliates if the affiliates were not also identified as defendants in the case. The plaintiff in the case, Dewberry Engineers, […] Continue Reading →
Increased Fees and Other Changes in USPTO Trademark Filings By Christine Lebron-Dykeman On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025. While the per Class fee for filing a standard electronic trademark application has not changed and is still $350 per Class, the USPTO has eliminated the distinction between TEAS Standard and […] Continue Reading →
The Onion Buys Alex Jones’ Infowars in Bankruptcy Auction By Julie L. Spieker Yesterday, Global Tetrahedron, the corporation that owns the satirical news website The Onion, was the winning bidder for Alex Jones’ Infowars at a Chapter 7 bankruptcy auction. Jones and Infowars owner Free Speech Systems both filed for bankruptcy in 2022 after eight families impacted by the Sandy Hook shooting won a $1.4 billion defamation award […] Continue Reading →
Beyond the Basics: Leveraging Secondary IP to Protect and Elevate Coffee Shop Branding in a Crowded Market By Sarah M.D. Luth In the crowded coffee shop and roastery industry, establishing a unique brand identity is essential to standing out among competitors. While protecting “central” intellectual property (IP) like brand names, logos, and domain names is absolutely critical, strategically identified and maintained “secondary” intellectual property provides a key avenue through which to establish a strong brand identity […] Continue Reading →
Deion Sanders seeks trademark protection related to various phrases By Joseph M. Hallman Deion Sanders, a Pro Football Hall of Famer, is currently wrapping up his first season as head coach of the University of Colorado Boulder football team. Head coaches at the highest level of college football regularly face challenges in year one at a new school. This often rang true for Coach Deion Sanders in his […] Continue Reading →