News

State law, either by statute or common law, generally recognizes a right of privacy that prohibits the unauthorized commercial use of an individual’s name, image, or likeness (“NIL”). This right of privacy, however, is often limited or unavailable with respect to public figures, including well-known personalities, celebrities, and political figures, particularly where the use implicates … Read more

On September 8, 2025, the United States District Court for the Southern District of New York issued a significant decision in E. Mishan & Sons, Inc. v. Caraway Home, Inc., Case No. 24-cv-8929 (JPO). The Court granted judgment on the pleadings in favor of E. Mishan & Sons, Inc. (“Mishan”), declaring that Mishan’s cookware lids … Read more

The U.S. patent system is once again the focus of significant debate following a Wall Street Journal report. According to the article, the Department of Commerce is evaluating a proposal that would fundamentally alter how patent holders are charged for maintaining their intellectual property. Specifically, the proposal would impose annual fees equal to 1% to … Read more

Effective April 17, 2025, the U.S. Patent and Trademark Office (USPTO) has suspended the expedited examination program for design applications. Under this expedited examination procedure, design applications are examined with priority and undergo expedited processing through the entire course of prosecution in the USPTO.  In fiscal year 2024, nearly 20% of design applications were applications … Read more

Can a trademark plaintiff recover profits from an infringer’s affiliates? In Dewberry Engineers Inc. v. Dewberry Group, Inc., Case No. 23-900 (U.S. Feb. 26, 2025), the U.S. Supreme Court unanimously ruled that profits earned by “non-party” affiliates cannot be included in calculating damages under the U.S. Trademark Act, commonly known as the Lanham Act. The … Read more

United States patent and trademark applications, grants, and filings in 2024 increased notably, underscoring the recognition of the strategic importance of patents and trademarks by businesses and individuals looking to safeguard their inventions and identities. This upward trend highlights the vital role that patents and trademarks play as assets and in fostering technological advancement and … Read more

The leading U.S. case on the question of trademark registration for the color of a product is Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995). In this landmark decision, the Supreme Court held that a single color can qualify for trademark protection under the Lanham Act if it has acquired secondary meaning … Read more

The U.S. Patent and Trademark Office (USPTO) has announced that it is adjusting existing trademark fees and introducing new trademark fees effective January 18, 2025 and implementing new patent fees and increasing various patent fees effective January 19, 2025. Trademark Fees The fee adjustments set or adjust 28 trademark fees, including the introduction of seven … Read more

To promote the accuracy and integrity of the trademark register, effective October 28, 2024, the United States Patent and Trademark Office (USPTO) has amended its practices concerning the selection of trademark registrations for audit during the postregistration maintenance process under which it conducts audits of the affidavits or declarations of continued use or excusable nonuse. … Read more