Insights on Trademark

Although it is generally accepted that tattoos are copyrightable, one of the only definitive judicial statements on the issue came by way of a preliminary injunction hearing in 2011 involving Mike Tyson’s famous tribal face tattoo, wherein Judge Perry of the Eastern District of Missouri stated, “

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never be inherently distinctive. Although such marks are considered inherently d

A recently-proposed bipartisan federal bill (SHOP SAFE Act of 2020) would create contributory liability for e-commerce platforms that fail to take steps to limit third-party sales of dangerous counterfeit products.

As local and national governments take measures to combat the spread of COVID-19, patent, trademark and copyright owners are facing potential difficulties with meeting prosecution and dispute deadlines.

The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits.

As local and national governments take measures to combat the spread of COVID-19, trademark owners are facing potential difficulties with meeting prosecution and dispute deadlines.

Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable.

Arent Fox Partner Jim Davis was recently quoted in a World Trademark Review article titled “How the SHOP SAFE Act might change the ecommerce counterfeiting liability landscape.”

Arent Fox LLP’s Trademark practice has once again been recognized as one of the best in the country by World Trademark Review after the industry-leading publication reported the firm has “many great, practical, and down-to-earth lawyers who are go-to’s for pillars of the industry.”

Arent Fox is pleased to announce that Partner Bernice K. Leber was selected as one of 100 New Yorkers included in the “2020 Notable Women in Law” special feature published by Crain’s New York Business.

An Atlanta-based entrepreneur contends that retailer Target intentionally infringed on her trademark GARNISH AND GATHER for a meal-delivery service through its adoption and use of the mark GOOD & GATHER on an in-store food brand.

Latinvex has once again rated Arent Fox as one of the best law firms in the world for companies with business operations in Latin America. In particular, the Latin America-focused business publication recognized the firm for its leading litigation, patent, and trademark counseling.

Under Myanmar’s new law, any existing Cautionary Notices must be refiled as trademark applications within the first few months of 2020 or risk losing their priority.

IP Partner Pamela M. Deese is a featured speaker at the Brand Protection Summit, co-hosted by CounterFind and Warner Music Group on November 7th, 2019 in New York.

The court’s holding underscores the critical importance for TTAB appellants to carefully evaluate and select their preferred forum for appeal.

Twenty-five Arent Fox LLP practices have been recognized in the 2020 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him.

The Ninth Circuit issued a ruling in a closely-watched case between LinkedIn Corporation, the well-known professional networking site, and hiQ Labs, Inc., a data analytics company that relies on access to public LinkedIn profile data to provide HR-related analytics offerings to corporate clients. 

On September 19, Rothy’s, the innovative and fast-growing women’s shoe brand, announced the resolution of an intellectual property infringement lawsuit instituted against OESH Shoes in August 2018.

The TTAB recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce because the vaporizers are classified as unlawful drug paraphernalia under the CSA. 

WASHINGTON — Fifty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2020.

After its recent adoption of the Madrid Protocol, Canada’s Intellectual Property Office will send communications about applications filed under the Madrid Protocol to the applicant or an appointed Canadian trademark agent, not to an applicant’s foreign representative.

AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL OF DUTY video game and related collateral.

In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney.

On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban on immoral or scandalous marks discriminates on the basis of viewpoint.