Future Proof Brands, L.L.C. (“Future Proof”) filed a trademark infringement action against Molson Coors Beverage Co. (“Coors”) objecting to its use of the mark Vizzy.  Future Proof used and registered the mark Brizzy as a brand of hard seltzer containing carbonated water, alcohol and in most cases fruit flavors.   When Coors branded its hard seltzer

A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof.  Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by displaying with the mark the words “registered in U.S. Patent and Trademark Office” or “reg.

Buried in the 5,500-page Consolidated Appropriations Act for 2021 among various COVID-19 relief was the Trademark Modernization Act of 2020 (“TMA”). The TMA, which will become effective on December 27, 2021, makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for

The COVID-19 pandemic has made people race to wash hands, stock up on toilet paper and sanitizer, and transition to working from home. But a separate group of “opportunistic” individuals have run another race—to the United States Patent and Trademark Office. As of April 2, 2020, more than 85 trademark applications have been filed for

In addition to providing financial support to individuals and small business, the much discussed CARES Act also authorized government agencies like the US Patent and Trademark Office (USPTO) to extend certain deadlines prescribed by statute. As of time of publication, the USPTO has granted a 30 day extension for (1) the specific filings set forth

In a sequel to its Matal v. Tam decision last year, SCOTUS held that the so called “immoral or scandalous” ban on trademarks was unconstitutional in a 6-3 ruling on June 24.  In the Tam decision, SCOTUS declared the “disparagement” clause of the Lanham Act to be unconstitutional under the First Amendment, but left open