Pepsi earns reversal of pretrial order that would have required it to stop marketing a new Mountain Dew product. A federal district court was wrong to enjoin Pepsi from continuing to market a canned energy drink under the Mountain Dew line under the name of “rise energy” because the owner of the RISE mark was…

Traditional limitations on trademarking a personal name give way to free speech interests when it comes to prominent public officials. The Trademark Trial and Appeal Board violated the First Amendment rights of a trademark applicant when it denied registration to his t-shirt that disparaged former President Trump, the U.S. Court of Appeals for the Federal…

A district court rightly enjoined a Wyoming trial lawyer training program from purporting to be the “true board” of a competing program from which it had recently split, the U.S. Court of Appeals for the Tenth Circuit has held. But the court of appeals, while upholding the injunction against the splinter academy, found that the…

Although the federal court stayed its action to allow a state court to determine the scope of certain licenses, the stay could not be reviewed on appeal because it did not effectively end the federal court litigation. A federal court’s decision to temporarily stay a trademark lawsuit in order to allow a state court to…

Substantial evidence supported the Trademark Trial and Appeal Board’s finding that another company, and not the trademark holder, actually used the mark in commerce. The Trademark Trial and Appeal Board (TTAB) correctly determined that a Korean biopharmaceutical company did not use in commerce the mark for a nutritional product that purportedly improves brain performance, the…