The Next IP Battleground: Navigating Trademarks and AI
ai artificial intelligence descriptiveness
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While the legal battles between generative AI and copyright have dominated the headlines, a secondary, equally volatile storm is brewing in the world of intellectual property: trademarks. Trademarks...
Understanding Genericide of Color Marks
distinctiveness generic trademarks
Color Marks: The Basics Color marks represent one of the more challenging types of non-traditional trademarks. Since the landmark Supreme Court decision in Qualitex Co. v. Jacobson Products Co.,...
Understanding Trademark Distinctiveness
arbitrary descriptive distinctiveness
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The concept of distinctiveness is important under trademark law because it is one of the requirements for a federally registered mark. Distinctiveness goes to the strength of the mark. In theory, the...
That Sucks! Otherwise Generic gTLD Still Non-Registrable Because Not Attached with Preceding Domain Name
Applicant’s proposed stylized mark with pixelation On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd., the decision of the USPTO’s Trademark...
SCOTUS Watch: SCOTUS Finds Adding “.com” to “Booking” Makes it a Non-Generic Registrable Mark
In a major ruling, the U.S. Supreme Court held in U.S.P.T.O. v. Booking.com B.V., that an otherwise generic mark used in commerce conveys source-identifying characteristics when used with the “.com”...
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