An Athlete’s Identity: The Power of NIL and Rise of Intellectual Property in College Sports
The rise of NIL (name, image, and likeness) deals in recent years has expanded college athletes’ access to funds beyond scholarships. Now, these young athletes are transformed into marketable brands, which raises pressing legal questions and issues about licensing agreements and trademarks.
Amazon “Nonsense” Marks
What’s up with all the gibberish brand names on Amazon? And why is it a huge problem for the USPTO?
<em>Steven Madden v. Ganni</em>: A Dupes Clash
This blog examines the proliferation of dupes in the fashion space, how consumers have reacted, and how intellectual property law in the U.S. has attempted to regulate it. Steven Madden v. Ganni exemplifies the failure of traditional IP law to regulate dupes and potential solutions to this rising circumstance.
When Identity Becomes a Brand: What the Beckham Family’s Trademarks Teaches Us
Trademark law protects names as indicators of brand origin, not as expressions of personal identity. Trademark law transforms names, such as the Beckham family’s names, into economic assets, which ultimately matters in the era of personal branding.
HAVEN VS. HAVEN Where artist’s names clash over similarity
This blog explores a 2024 case on how similar artist stage names can be found in determining trademark infringement and how that reasoning may apply to a recent social media dispute.
In the Race Towards Trademark Protection, Female Athletes are Left Behind.
The fight for equal compensation for the use of an athlete’s NIL in collegiate athletics is far from over, but how do the implications resulting from current NIL litigation reflect the discrepancies in the broader trademark application pool?
<em>Strava v. Garmin</em>: Who is Infringing on Who?
Things are Heat(map)ing up in this Segment Between Strava and Garmin
Post-era of Lanham Act: a brief discussion after <em>Matal v. Tam</em> and <em>Iancu v. Brunetti</em> with the concern of Trademark Freedom v. International Adaptability
This blog examines how Matal v. Tam and Iancu v. Brunetti affected U.S. trademark law trends under the First Amendment and the challenges these “immoral or scandalous” marks may face when seeking protection across international borders.
Barbie Setting an Example in Color Trademarks
Mattel’s policing of the Barbie Pink color sets an example for limiting the use of a color without the need for a registered trademark.
Trademark Infringement in the Era of Luxury Resale
This blog explores the Southern District of New York Court’s decision in Chanel v. What Goes Around Comes Around (“WGACA”) revolving around trademark infringement, its application of the Lanham Act, and potential effects on the luxury resale market.
Milk Wars: The IP of a Plant Based Revolution
As plant-based milks reshape the dairy market, trademark law defines their identity. With “milk” legally tied to dairy, brands rely on distinctive names, visual branding, and consumer perception to build goodwill and compete within FDA and trademark guidelines.
Comparing Apples to Apples: Where Must the Line be Drawn in Trademark Law?
This blog discusses the potential impact of Apple, Inc.’s recent lawsuit in Massachusetts Federal District Court against local cinema chain, Apple Cinemas, for alleged trademark infringement and dilution.
Upcycling in Fashion: Navigating Trademark Concerns and the Need for Clearer Guidelines
A concise exploration of upcycling in fashion – an innovative yet potentially infringing practice. The post examines the importance of upcycling in a throwaway culture with its environmental impact. It also considers legal protections for luxury brands and the tension between safeguarding those rights and fostering innovation for smaller creators.