The TMCA®

The European Union Intellectual Property Office (EUIPO) confirmed that retailers selling their own branded products can still be considered to provide “retail services.” The decision involving the RITUALS brand offers clarity and reassurance for companies operating their own stores. In this short clip, Sam Fitzgerald explains what the ruling means for “retail services” and trademark protection. Read the complete analysis from Ron Moscona and Sam on the TMCA Blog. https://lnkd.in/gSmxg5k4

The latest TMCA Blog posts highlight two recent cases illustrating how trademark law continues to evolve. • VETEMENTS ou Non? The Foreign Equivalents Doctrine by Alex Holbus • Trader Joe’s Bags a Victory at the Ninth Circuit by Kaleb McNeely Both cases highlight how courts are interpreting consumer perception and brand protection across different contexts, from international filings to U.S. brand enforcement. Read the full analyses on TheTMCA.com

While priority is an important aspect of trademark protection, it’s not the only factor that matters. If a business adopts a mark but fails to make bona fide use in commerce, or chooses a mark that isn’t distinctive, timing becomes irrelevant. In our latest post, John Mixon breaks down the trademark dispute between OpenAI and Open Artificial Intelligence, revealing what this case teaches us about brand ownership in the rapidly evolving AI space. Read more about how this case highlights the importance of distinctiveness, use, and strategy in trademark protection: https://lnkd.in/gYr5y-iB

At Wrigley Field, rooftop businesses have offered fans tickets, food, and drinks with a view of the game. When a 20-year agreement expired, one rooftop kept selling and continued using Cubs trademarks sparking a lawsuit. Cathleen Dahl and Yanan Tang’s TMCA Blog breaks down the history, the legal arguments, and what this means for trademark and licensing professionals. Read more: https://lnkd.in/gR3mQfYq

Have you read our blog about the rise of “dupe” litigation and its impact on brands in the U.S.? Featuring insights from Breanne Wernars, the blog explores recent cases bringing these issues into sharper focus and how it could affect your business. Check it out! https://lnkd.in/gV3wtwPc

As we approach our 10-year blog anniversary, we're excited to revamp our LinkedIn page! Look out for related blog content, additional insights from our authors, and timely updates on key developments in trademark, copyright, and advertising law. Stay tuned, explore our most recent blog, and subscribe to The TMCA®: https://www.thetmca.com/