How the Smallest Detail Becomes the Biggest Pitfall in Trademark Applications

Filing a federal trademark application in the U.S. requires careful attention to a number of details, including obvious components, like the configuration of the mark and the nature of the goods and/or services on which it is being used or will be used. Of the numerous elements that go into the application, there are certain “routine” details that can be easily overlooked. One such “inconsequential” detail, if handled improperly, can doom a trademark application and any resulting registration. The culprit: designation of the mark’s owner. (more…)

Yellow is Not Gold for Cheerios™, and Other Tales of Color Trademarks

Close your eyes and transport yourself to the cereal aisle of your grocery store: can you picture the design of a box of original Cheerios™, color and all? General Mills recently tried, and failed, to obtain a federal trademark registration for the yellow color of their Cheerios™ boxes that they hope you’re picturing right now, and their struggle illustrates the high burden faced by applicants for federal registration of color marks in the United States. (more…)

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property rights. In early August, U.S. sportswear giant Under Armour generated press from a favorable ruling out of a Chinese court in a trademark infringement lawsuit with Uncle Martian, a Chinese company. A few days later, it was reported that the Trump Administration was eyeing another aspect of China’s policies towards intellectual property protection – those requiring joint ventures and other mechanisms to increase the flow of intellectual property from U.S. and other foreign companies into business entities and computer servers on the Chinese mainland. For a non-Chinese company looking to enter the Chinese market, expand an existing presence there, launch R&D facilities in China or otherwise, how should these developments affect those strategy decisions? (more…)

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set off a minor scramble among patent owners to find suitable and accessible alternative forums. More recently, a district court decision has swung the pendulum in the other direction and could potentially preserve the ability of patent owners to choose their own venue, including one so-called “rocket docket” in the Eastern District of Texas. (more…)