Trademark Disputes

When entrepreneurs choose a trademark for a brand, there’s a common temptation to pick something that instantly tells customers what the product is. The legal problem is that the more a name “describes” the product, the[...]

If you’ve ever tried to register a federal trademark and the USPTO told you it’s “too descriptive,” you’re not alone. Many business owners pick names that explain what they do (which is great for marketing) but[...]

If your company is ever drawn into a trademark dispute—or you need to enforce your trademark—the dollars often turn on one remedy: the defendant’s profits. In February 2025, the US Supreme Court unanimously tightened that remedy[...]

Section 2(d) (Likelihood of Confusion) of the Lanham Act bars registration when an applied‑for trademark is likely to cause confusion, mistake, or deception as to the source or sponsorship of the goods or services. In other[...]

A familiar pair of parties—Sunkist Growers, Inc. and Intrastate Distributors, Inc. (IDI)—recently produced two opinions that every brand owner should understand. In September 2023, the TTAB dismissed Sunkist’s opposition to IDI’s KIST applications for soft drinks.[...]

At first glance, a business name like “Best Medical Certifications” might seem too descriptive to qualify as a federally registered trademark. And in many cases, the United States Patent and Trademark Office (USPTO) would agree. But[...]

In July 2024, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in In re Samsung Display Co., Ltd., affirming a Section 2(d) refusal to register the trademark UPC for various electronic display panels[...]

At the end of March 2025, a high-profile trademark dispute erupted in the U.S. District Court for the Central District of California, pitting famed surf and lifestyle brand Lost International, LLC ("Lost") against international music icon[...]