Category Archive for "Trademark"

3D beer mug

When a surname can be registered as a trademark

Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. A prolonged court battle over one such mark shows how problems can arise — and how businesses can overcome them.

Read More
cover of ideas on intellectual property law newsletter june july 2019 issue

Ideas on Intellectual Property Law – June/July 2019

Patterson Thuente IP is pleased to present the June/July issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

Read More
3D globe image

Can you sue foreign corporations for trademark infringement?

E-commerce has allowed foreign corporations to reach new customers far beyond their borders. Sales to U.S. customers, though, might open up a foreign company to litigation in the United States. The U.S. Court of Appeals for the First Circuit has shed light on how a foreign defendant can land in federal court for alleged trademark infringement.

Read More
3D cursor hand

What’s fair in copyright and trademark

Alleged infringement of technical standards raises questions Thousands of private organizations produce technical standards, some of which are incorporated into laws by federal, state and local governments. A federal court of appeals recently considered whether these organizations can invoke copyright and trademark laws to prevent the unauthorized copying and distribution of such works. The court, however, failed to provide a conclusive answer, focusing instead on fair use matters.

Read More
cover of ideas on intellectual property law newsletter April May 2019

Ideas on Intellectual Property Law – April/May 2019

Patterson Thuente IP is pleased to present the April\May issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

Read More
3D white baseball cap with tag

Court blocks trademark for sports shop

Registration of a trademark hinges, in part, on whether there is a likelihood of confusion with an earlier application or registration. In a recent case, a sports specialty shop learned that the trademark it sought for registration was considered likely to be confused with that of a private social club.

Read More
cover of Ideas on Intellectual Property Law newsletter February March 2019

Ideas on Intellectual Property Law – February/March 2019

Patterson Thuente IP is pleased to present the February/March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

Read More
3D plastic cup spilling brown soda

Federal Circuit revives soda trademark battle over “ZERO”

When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. The U.S. Court of Appeals for the Federal Circuit recently clarified the test for so-called genericness.

Read More
Ideas on IP Law Year End 2018 cover

Ideas on Intellectual Property Law – Year End 2018

Patterson Thuente IP is pleased to present the Year End 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

Read More

Appellate Court Wipes Out Sturgis Trademark

The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.

Read More

Want to know the secrets to creating and protecting unforgettable brand names?

Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company. 

GET YOUR GUIDE TODAY