Real-World Marketplace Conditions Must Be Considered in Confusion Analysis
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On June 8, 2026, the Second Circuit Court of Appeals issued its opinion in Peju Province Winery L.P. v. Cesari S.R.L.. The long-running trademark battle centered on whether a 2004 Trademark Trial and...
The USPTO Leans Into “America First”
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With a new presidential administration, as of early 2026, the United States Patent and Trademark Office (USPTO) has significantly shifted its posture under a more protectionist “America First”...
Free Speech Considerations in Trademark Law
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Trademark law intersects with First Amendment free speech rights in several key ways: Prior Restraint and Content-Based Restrictions: When the government denies trademark registration based on the...
The Zone of Interest Test in Trademark Law
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The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This...
Understanding the Doctrine of Foreign Equivalents in Trademark Law
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The doctrine of foreign equivalents represents one of the more nuanced areas of trademark law, sitting at the intersection of linguistic analysis, consumer perception, and legal precedent. This...
Understanding the Doctrines of Natural Expansion and Tacking
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A recent Court of Appeals for the Federal Circuit case sheds light on two little-known trademark doctrines: the doctrine of natural expansion and the doctrine of tacking. Both can be useful arguments...
Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules
On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc., dealing with the more mundane aspects of...
Fed Circuit Watch: TTAB Fails Genericness Test
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,...
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