Blogs > More Than Your Mark®

Dec 16, 2022


Can a whiskey maker stop production of a copycat pet toy marketing itself as dog poo?

What are the First Amendment rights attaching to a parodic use of trade dress? And to what extent does the law allow the owner of a famous trade dress to stop production of a non-competing product that copies that trade dress (that is, the design and labels on a product package)? » Read More

Aug 26, 2022

Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement

“It seems our diamond requires a closer inspection,” famously says the fictional character Lady Whistledown of Regency-era London’s most beautiful debutante in Bridgerton (Season One). Bridgerton, for the uninitiated, is the Netflix hit series based on historical romance novels by Julia Quinn. » Read More

Jul 29, 2022


The U.S. Patent and Trademark Office (“USPTO”) recently published a notice of proposed rulemaking for public comment setting forth a new administrative process to investigate and sanction those who fraudulently file trademark applications or maintain registrations. Such suspicious filings include applications made by foreign parties (Chinese applicants included among them) with no intention of using a claimed mark in commerce, or include fabricated evidence of use for new applications or submissions to maintain or renew registrations. » Read More

Jul 01, 2022

You Heard it Here: The Word THE is Now a Registered Trademark, Owned by Two Parties

Ohio State University (“Ohio State”), the famed university in Columbus, Ohio, has registered a trademark for the word “THE.” You might be surprised to hear this, since the word “THE” seems quite generic. You would be correct! However, this is a prime example of how a common word like “THE” can become a trademark. » Read More

Jun 03, 2022

Protection for Voice Actors is Artificial in Today’s Artificial Intelligence World

As we all know, social media has taken the world by storm. Unsurprisingly, it’s had an impact on trademark and copyright law, as the related right of publicity. A recent case involving an actor’s voice being used on the popular app TikTok is emblematic of the time. » Read More

Mar 04, 2022

The Importance of Clean Chain of Title in Buying, Selling or Licensing Trademarks and Copyrights

Chain of title in intangible rights? Yes, you heard it here first. Chain of title is just as applicable to trademarks and copyrights as to real property (such as a home or plot of land). Accordingly, buyers and sellers, as well as licensors and licensees, of the rights encompassed by trademarks or copyrights must ensure the chain of title establishes they are dealing with the “right” party. This » Read More