Color marks on packaging can be inherently distinctive – In re Forney

In re Forney Industries, Appeal No. 2019-1073, Fed. Cir. April 8, 2020. Forney applied for a trademark for packaging based on use in commerce, with a showing of acquired distinctiveness.  In its application, Forney described its mark as a “color mark” consisting of a solid black stripe, with the color yellow underneath, transitioning to the […]

Naughty no more, VIP Products “Bad Spaniels Silly Squeaker” lives to see another squeak

VIP Products v. Jack Daniels, No. 18-16012, 9th Circuit, March 31, 2020. A 9th circuit panel denied Jack Daniel’s their win and affirmed in part, vacated in part and reversed in part the district court’s judgement after a bench trial and permanent injunction in favor of Jack Daniel’s Properties, Inc., (“JDPI”) in a trademark suit […]

A unanimous SCOTUS sends some luck Lucky’s way in Lucky Brand v Marcel

After 20 years of litigation, on May 14, 2020, the Supreme Court reversed and remanded the 2nd Circuit’s decision in Marcel Fashions Grp, Inc. v. Lucky Brand Dungarees et al., No. 2017-0361. Below, Lucky Brand filed a motion to dismiss using an argument from a previous round of litigation that had not yet been raised […]

USPTO Announces Unauthorized Changes have been made to some TM Applications and Registrations