Houston, We Have a Problem: The Potential Unintended Consequences of the Patents in Space Act
Imagine you’re a U.S. startup that has spent years developing a new satellite service. You’ve raised capital, worked through engineering setbacks, and built a substantial U.S. patent portfolio to protect the innovations that make your service possible. The technology works. Customers are signing on. The business you spent years building is finally taking off. Then […]
What’s Trending in Trademarks: October 2026
This month in trademarks: a California federal court allows a Chinese restaurant chain to pursue U.S. claims based on its alleged foreign fame; a Chinese tea chain loses a second bid for emergency relief against its New York licensee; the Chicago Cubs win a permanent injunction against a rooftop that kept selling tickets after its […]
What’s Trending in Trademarks: September 2026
Here’s what’s trending in trademarks this month: New Balance sues French rival Decathlon in Boston federal court over a running-shoe logo it says is unmistakably an “N”; the TTAB ends a six-year fight by blocking Lamar Jackson’s ERA 8 BY LAMAR JACKSON application on claim preclusion; a Michigan personal injury firm wins a precedential ruling […]
What the Commanders and X Corp. Teach Us About Keeping a Retired Trademark Alive
When you do a rebrand, what do you do with the retired mark? It’s a question that has plagued trademark holders for years. The Lanham Act defines abandonment as discontinuation of use with intent not to resume, and three consecutive years of nonuse creates a rebuttable presumption of abandonment. 15 U.S.C. § 1127. If you […]
What’s Trending in Trademarks: August 2026
Here’s what’s trending in trademarks this month: a Callaway driver ad co-produced with a golf media brand becomes a case study in humor-as-brand-risk and partner vetting; Lady Gaga defeats the Mayhem trademark suit on First Amendment grounds; Nike and Lontex quietly settle a $5 million attorneys’ fees appeal after oral argument at the Third Circuit; […]
Virtual Patent Marking: A Practical Guide
Authors: Ashley Bland, Alec Larsen, and Jennifer Bailey How online patent notices work, why they matter, and how companies can use them responsibly. If you have ever seen “Pat.” or “Patent” on a product, package, label, or instruction sheet, you have seen patent marking. Patent marking is a public notice system that tells customers, competitors, […]
What’s Trending in Trademarks: July 2026
This month: two Kansas City Chiefs stars fight over whether a steakhouse lawsuit belongs in New York, 7-Eleven accuses Nike of copying its convenience-store stripes onto a sneaker, the TTAB reminds a mobile carrier that a lapsed registration buys you nothing in a later filing, and the first wave of musicians follows Taylor Swift’s lead […]
What’s Trending in Trademarks: June 2026
This month: a dupe-culture design patent battle ends with a split verdict that leaves the UGG brand exposed, Taylor Swift’s “Showgirl” trademark fight takes a First Amendment turn, the Second Circuit reminds practitioners that a TTAB win is not a free pass in federal court, and the USPTO quietly rolls out a set of AI […]
Trademark Enforcement and Brand Identity: What the Patagonia v. Pattie Gonia Dispute Can Teach Rights Holders
Patagonia has spent more than fifty years building a brand that stands for something beyond outdoor apparel. Its reputation for environmental activism, corporate accountability, and progressive values is not incidental to its business. It is the business. That reputation shapes who buys its gear, who works for the company, and who advocates on its behalf. […]
What’s Trending in Trademarks: May 2026
This month: a TTAB use-in-commerce decision worth bookmarking, Taylor Swift’s push to use trademark law against AI misuse, a false endorsement suit against Samsung, and a roadside trade dress fight in Georgia. May’s trademark news has a clear theme: brand owners trying to get ahead of threats before the marketplace, the internet, or AI creates […]
