Insights on Trademark

The Supreme Court finds that a “generic.com” mark can be a protectable trademark if there is evidence that consumers recognize it as a source indicator, i.e., the mark has achieved secondary meaning in association with the involved goods or services.

The United States Patent and Trademark Office (USPTO) is offering prioritized examination for trademark and service mark applications covering goods and services that offer COVID-19 relief.

Arent Fox LLP is pleased to announce the return of litigator Eric Roman. A Counsel in the New York office, Eric advises clients on technology and intellectual property disputes as well as complex commercial litigation, investigations, and regulatory compliance.

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

The last 90 days have resulted in profound change in the way we all do business.

Arent Fox is pleased to announce that Firmwide Managing Partner Cristina A. Carvalho and Complex Litigation Partner Hunter T. Carter have once again been named to Latinvex’s Top 100 Lawyers list.

Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel). 

In a first of its kind event, on May 4, 2020, the Supreme Court heard arguments-by-telephone, complete with apparent unintentional uses of the mute button, a pitfall many Americans can relate to as of late.

Chambers USA: America’s Leading Lawyers for Business has recognized 29 Arent Fox LLP attorneys as leaders in their field.

Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits?

Most users of social media simply do not appreciate the risks involved in using the platform for its intended purposes—the mass dissemination of content. Indeed, among the benefits and drawbacks of social media is one surety—its significant and rapidly evolving role in facilitating the distribution

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.