Trademark

Once you register a trademark for your business, how guarded should you be over its usage? The answer would seem like a no-brainer: “Always protect your mark!” But it really depends on the size of your business and how your mark draws its power. Authentic Brands Group...

The couture bagmaker Hermès has sued self-proclaimed artist and entrepreneur Mason Rothschild for trademark infringement, dilution, and confusion. Rothschild has been selling NFT versions of the Birkin, Hermès’s signature bag, in the Metaverse – a territory that we...

Have you ever snacked on Ferrara Candy Company’s wares? Chances are high that you have – and if not, you have probably seen their bright, colorful packaging and candies in many a gas station and corner store. To be fair, Ferrara Candy Co. is a distributor, not a candy...

If you are an aspiring small business owner – or in the process of becoming one – you might already have a dream name in mind. Perhaps it carries some sentimental connection to family, friends, or a long-treasured idea of yours. That is all fine and good, but, as you...

As the days warm, you may find yourself cracking open a cold beer on the porch. If a friend asked you, “Is that a ‘Stone or a Stone?” would you know how to answer? That question is at the heart of a trademark infringement and trademark dilution lawsuit between two...

The fashion world is incredibly focused on iterations, drawing on historical style choices and reusing them over time. Because of this, it is an interesting question to consider what products can be registered as a distinct trademark – and what cannot. If a product...

Is the number of available trademarks finite? No, but you should be asking a different question: is the number of effective trademarks finite? Absolutely.  In the past few years, trademark registrations have soared, with a noticeable uptick from applicants in China....