This article examines the OUTKAST v. OVRKAST trademark dispute and what it teaches artists and brand owners about stage-name clearance, likelihood of confusion, trademark dilution, jurisdiction, and when settlement negotiations can become a binding agreement.
This article uses the Washington Commanders’ limited release of merchandise featuring retired branding to explain trademark abandonment, bona fide use in commerce, maintenance requirements, and why businesses may strategically preserve valuable legacy marks long after a rebrand.
This article examines the Cubs and Nationals’ TTAB challenge to the WNBA’s application for THE W, explaining how standard-character marks, overlapping apparel goods, existing trademark portfolios, and consumer perception shape the scope of protection for simple marks.
This article analyzes the Ninth Circuit’s latest decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., explaining how the ruling narrows trademark dilution-by-tarnishment claims and reinforces the importance of mark-specific evidence, product-specific analysis, and clearly signaled parody.
This article explores how FIFA’s aggressive trademark enforcement program affects businesses marketing around the 2026 World Cup, highlighting the risks associated with hashtags, social media promotions, event-related branding, and unauthorized commercial associations.
This article examines Taylor Swift’s recent spoken-word trademark filings and analyzes what they signal about the evolving intersection of trademark law, right of publicity, synthetic media, and generative AI risk in the entertainment industry.
This article explains why traditional trademark clearance processes are no longer sufficient in an AI-driven environment, outlining how AI-generated branding, multilingual risk, and feature-level naming are reshaping how businesses must evaluate trademark availability and risk.
This article explores the trademark history and legal structure behind “March Madness®,” explaining how shared rights, licensing frameworks, and layered brand protections shape one of the most recognized events in sports—and what businesses should understand about trademark use, commercialization, and enforcement.
This article examines the Federal Circuit’s decision in In re Vetements Group AG, explaining how the doctrine of foreign equivalents affects trademark protection when a brand name translates directly into a generic term for the goods being sold, and what businesses should consider when developing multilingual brand strategies.
This post explains how traditional trademark principles continue to apply in Web3, AI, and metaverse environments, highlighting where the law remains settled, where it is evolving, and how brand owners can proactively manage trademark risk as digital goods, AI-generated content, and virtual marketplaces become core business channels.