HeyJaredWilliam M. Borchard
- Indexed articles, last 90 days
- 5
- Latest publication
- Aug 24, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 13, 2026
Latest articles
Trademark Law Alert -- A Toast To Parody: Bad Spaniels Finally Defeats Jack Daniel’s (opens the original)
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There has been an unexpected twist in the tortuous proceedings in which Jack Daniel’s claimed that VIP’s use of the BAD SPANIELS mark and trade dress for a dog toy (a) infringed the JACK DANIEL’S mark and other marks and trade dress used for its whiskey, and (b) diluted its famous marks by tarnishing their reputation through an association “dog excrement.” The BAD SPANIELS dog toy is one of a “parody line” of dog toys that includes “Smella R-Crotches,” Heinie Sniff’n,” and “Pissness,” among othe
Any Registration Of A Mark May Require Proof Of Actual Use For Goods Or Services In U.S. Commerce (opens the original)
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You may have obtained a U.S. registration of a mark you claim to have used in commerce. Nevertheless, a third party may petition the U.S. Patent and Trademark Office to cancel your use-based registration requiring you to present direct proof that goods or services under the mark actually were provided in commerce (regulated by Congress, or in one state but affecting interstate commerce, or in more than one state, or between the U.S. and another country) at the time you applied to register your m
Composite Marks: The Interplay Between Textual And Design Elements (opens the original)
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The U.S. Trademark Act prohibits the registration of marks that are likely to be confused with other marks that have either been registered with the U.S. Patent and Trademark Office (USPTO) or are in use by another entity in the United States. 15 U.S.C. §1052(d). Generally, the word element is considered dominant in a composite mark consisting of words and design elements. However, such a mark can be found to differ sufficiently from a competitor’s mark if, for example, the word and design eleme
Non-U.S. Trademark Registrants Beware! (opens the original)
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A non-U.S. party can obtain a U.S. trademark or service mark registration based on a home country registration and without use of the mark in the U.S. However, a Declaration of Use or Excusable Nonuse must be filed in the U.S. within six years after the date of registration plus a 6-month grace period. If that Declaration is not filed, that U.S. registration will be cancelled and given no further effect after the end of the six-year period. Allowing such a U.S. registration to lapse can have an
Merely Descriptive Or Generic Marks (opens the original)
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The line between a merely descriptive term and a generic term can be difficult to draw. We previously wrote about this in “Avoid Selecting a Generic Term as Your Trademark.” A descriptive term immediately conveys information about a feature, quality, or characteristic of a product or service rather than its source. Such a mark is not registrable on the U.S. Principal Register (which is for marks that actually distinguish the source of goods or services). However, such a mark can be registered on
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