Law: Lanham Act 1946 (USA)

Following a complex series of decisions in a cybersecurity dispute, a federal court of appeals has unpicked the differences between subjectivity and objectivity in advertising.

13 July 2023

The long-awaited decision limits the reach of US trademark law beyond US borders but may be a missed opportunity to provide clarity.

30 June 2023

Relying heavily on Electra, the Second Circuit affirmed the denial of a Lanham Act claim arising from the unauthorised use of photographs of professional models to promote a gentlemen’s club.

28 June 2023

The TTAB affirmed the refusal of two applications by a subsidiary of Hilton Worldwide Holdings for design marks consisting of representations of the Palacio Del Rio hotel.

27 June 2023

The Trademark Trial and Appeal Board found that most consumers would perceive the mark 100% THAT BITCH as being associated with Grammy-winning artist Lizzo, rather than as a commonplace expression.

10 March 2023

In the latest instalment of this 25-year-old dispute between Cubatabaco and General Cigar, the TTAB ruled in favour of Cubatabaco and granted a petition for cancellation of two COHIBA marks under Article 8 of the Pan-American Convention.

06 February 2023

In this dispute between the owners of the Flora-Bama Lounge and the producers of the reality series Floribama Shore, the 11th Circuit has found that the First Amendment protected use of an artistic work that was not deliberately misleading. 

23 January 2023

The case shows that a party alleging trade dress infringement should consider the strength of its non-functionality arguments.

10 January 2023

The case addresses the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression.

03 January 2023

Marks that constitute the “prominent portion” of a varietal denomination are unregistrable under Sections 1, 2 and 45 of the Trademark Act, because they are generic for the varietals they identify.

16 December 2022