Why the Twitter® Trademarks Are Being Challenged: Understanding Abandonment Under U.S. Trademark Law.
When a company stops using a brand, the law does not allow that company to indefinitely block others from using it. In the United States, trademark rights exist to protect active commercial use, not to preserve “museum pieces” of branding that no longer function in the marketplace. That principle is at the heart of a […]
Federal Ban on Intoxicating Hemp Products Deepens Trademark Uncertainty for CBD Brands.
The regulatory landscape for hemp and CBD products has grown more complex following the recent enactment of a federal ban targeting intoxicating hemp-derived cannabinoids. While the 2018 Farm Bill had opened the door for hemp’s lawful production and removed it from the Controlled Substances Act (CSA), that opening has narrowed once again—this time through bipartisan […]
Why Trademark Protection Matters in the Fragrance Industry: The Truth Behind “Inspired By” Perfumes
The perfume world is full of creativity, luxury, and competition—but it’s also filled with confusion. If you’ve ever walked into a store or browsed online and seen perfumes labeled “similar to” or “inspired by” major luxury brands, you may have wondered: Is that even legal? If you’re a brand owner—or an entrepreneur considering entering the […]
U.S. Federal Government Shutdown: Impacts on Trademark and Copyright Filings
As the U.S. federal government experiences a lapse in funding, many agencies have adjusted or suspended operations. Below is an update on how the shutdown affects trademark and copyright filings. Trademark Filings – USPTO Remains Open and Fully Operational The United States Patent and Trademark Office (USPTO) has confirmed that it will continue normal operations […]
Can I Use the Image of a Dead Celebrity in 2025?
The short answer: most likely no — at least not without permission. The Right of Publicity After Death The right of publicity protects a person’s name, likeness, nickname, pseudonym, voice, signature, and other identifying traits from being misappropriated for commercial purposes. There is still no federal law governing publicity rights. Instead, protection is determined at […]
Why the Trademark “FUCK” Was Denied—and Why This Isn’t FUCT All Over Again.
In a sharply divided opinion issued on August 26, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded the Trademark Trial and Appeal Board’s (TTAB) refusal to register Erik Brunetti’s proposed trademark: the word FUCK. The decision revisits a familiar name in trademark law—Brunetti—who previously brought FUCT to the Supreme […]
What Can’t You Copyright? Understanding Words, Phrases, and Simple Designs
When you think of copyright, you probably imagine protecting your creative work—stories, artwork, music, maybe even your website. But it’s important to know that not everything can be copyrighted. One of the most common misconceptions is that any word, phrase, or slogan you come up with automatically receives copyright protection. In reality, copyright law is […]
Can You Trademark Your Canva Logo? Here’s What You Need to Know.
Can You Trademark Your Canva Logo? Here’s What You Need to Know. ® ™ If you’ve designed a logo with Canva, you might be wondering whether you can legally trademark it. This is a great question because while Canva makes design accessible, the platform has specific Terms of Use that affect how you can protect […]
Court Ruling on AI Training and Copyright: What It Means and What’s Next.
A California federal judge has issued a groundbreaking decision in the copyright lawsuit brought by authors against Anthropic, the AI company behind Claude. This ruling is one of the most detailed and consequential to date on how U.S. copyright law applies to training large language models (LLMs). What the Court Decided The plaintiffs—authors including Andrea […]
Is There Such a Thing as a Global Trademark?
If you’re expanding your business internationally, protecting your brand is likely top of mind. A common question I hear from clients is: “Can I get a global trademark?” The short answer: No, there is no single trademark registration that automatically covers the entire world. Why Not? Trademark rights are territorial, meaning they are only […]