What Pat Riley’s THREE-PEAT teaches about strategic branding

What Pat Riley’s THREE-PEAT teaches about strategic branding

Despite the Kansas City Chiefs' loss in this week's Super Bowl, Pat Riley was hopeful of gaining a historic third consecutive Super Bowl victory. The NBA legend and Miami Heat president has held the trademark for THREE-PEAT since his days coaching the Los Angeles...

From function to fashion: Birkenstock’s copyright pursuit

From function to fashion: Birkenstock’s copyright pursuit

Will the German Federal Court of Justice find the substance of Birkenstocks has transubstantiated from functional orthopedics to works of art while their accidents remain unchanged? The iconic sandal manufacturer hopes so. Birkenstock is fighting a new wave of...

2024 in Review

Our Editorial Board share their insights on the key takeaways from 2024 that will shape important developments in IP practice for 2025 and beyond.

Mindful trademarking can prevent registration headaches

Nicholas Holmes of Caldwell discusses the importance of filing for protection quickly in the world of social media due to the speed at which trends can become popular and the risk this runs for content creators when trademark applications are reviewed on a “first to file” basis by the USPTO.

China: why we appeal after prevailing in cancellation proceedings

Bo Li, Director of the Domestic Trademark Department of CCPIT Patent and Trademark Law Office, examines the complexities of trademark cancellation litigation in China, highlighting the author’s decision to appeal a specific determination, and emphasizes the importance of formally voicing dissatisfaction with all aspects of a ruling to preserve the right to appeal.

ANI v. OpenAI: a legal dispute over copyright, AI training, and false attribution

Pravin Anand and Vaishali Mittal of Anand and Anand details the recent legal dispute between Asian News International and OpenAI, examining whether using publicly available data to train large language models constitutes copyright infringement.

Requirements for filing a declaration of actual use by owners of International Registrations designating Mexico

Alonso Camargo and Diego Ballesteros of OLIVARES detail the requirements of Mexican registrations derived from International Registrations when filing a declaration of actual use, identifying the problems with the process, and examining how successful the introduction of the Federal Law for the Protection of Industrial Property (FLPIP) has been in fixing these issues.

Reinventing trademarks and designs in the gaming industry

Dr. Tomasz Gawliczek of JWP Patent & Trademark Attorneys highlights key considerations for crafting a trademark and design protection strategy in the gaming industry. Drawing on past lessons, he discusses essential factors to keep in mind and offers insights on how upcoming legal changes could be leveraged to strengthen IP strategies in this sector.

Jurisdictional Briefing, US: Dupe culture clash: strategies for brand owners

Michelle Ciotola of Cantor Colburn explores the rise of “dupe culture” and the role social media plays in marketing dupe products, providing strategies for brand owners to protect their intellectual property in this space.

Jurisdictional Briefing, Russia: IP in Russia is still beyond politics

Dr. Alexey Vakhnin of Vakhnina and Partners summarizes the current state of IP in Russia amidst geopolitical turbulence, highlighting the growth in Russian trademark filings.

Extraterritoriality in IP: insight from the US

Max Vern of Amster, Rothstein & Ebenstein LLP discusses the rule of ‘presumption against extraterritoriality’ in relation to intellectual property law, specifically trademarks, and how the Supreme Court’s recent decision in Abitron Austria GmbH et al. v. Hetronic International, Inc. has provided guidance on the extraterritorial application of the Lanham Act.

Trademark protection in Japan: the essentials of non-use cancellation

Kazutaka Otsuka of Asamura IP delves into the regulations and practices surrounding non-use cancellation trials, outlining eligibility, evidence, and recent precedent decisions.

Greece’s trademark system and its impact on international companies

Irene Kyriakides, Niovi Plemmenou and Terpsithea Papanikolaou of Kyriakides Georgopoulos Law Firm discuss the complexities and challenges faced by multinational corporations in navigating Greece’s trademark system, highlighting the need for further alignment with EU laws and improved judicial performance to enhance investment and trademark protection in the country.

Strategies for brand abandonment and revitalization

Giovanni Orsoni of Dennemeyer & Associates, Italy, identifies the complexities surrounding faded corporate identities and revitalization, weighing up the benefits and risks of reviving legacy brands.

What can happen to a generic US trademark: how Fantasia provides a roadmap

Amanda Hyland of Buchalter examines the Fantasia Dist. Inc., v. Myle Vape Inc. et al., case which provides a framework for a successful cancellation based on genericism, offering considerations that mark holders and mark challengers should make in cases involving a potentially generic mark.

The culture of happiness

Diane Silve, Director & Senior Trademark Counsel at Mondelez International, shares insights on fostering a positive and productive team culture through the lens of happiness and collaboration.

The Trademark Lawyer Annual 2023

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Women in IP Leadership

A segment dedicated to women working in the IP industry, providing a platform to share real accounts from rising women around the globe. In these interviews we will be discussing experiences, celebrating milestones and achievements, and putting forward ideas for advancing equity and diversity.

By providing a platform to share personal experiences we aim to continue the empowerment of women in the world of IP.

Diversity, Equity & Inclusion Series

In this six-part series Dr. Suzanne Wertheim, of Worthwhile Research & Consulting, talks to The Trademark Lawyer about diversity, equity, and inclusion: what it means; the current challenges; DEI in law; gender bias; and what we can all do to improve.

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