A Scent of Hesitation: Navigating Ambiguity With Scent Trademarks

By: Kelsey Shaughnessy Crayola’s Chief Executive Officer Pete Ruggiero recognized the significance of the peculiar, yet memory-inducing smell of Crayola crayons when he obtained a scent trademark from the US Patent and Trademark Office (USPTO) in July 2024, after a six-year legal battle.  Described as “slightly earthy soap with pungent, leather-like clay undertones,” Ruggiero envisions… Read More A Scent of Hesitation: Navigating Ambiguity With Scent Trademarks

Sneaker Wars: New World Advertising or Old School Trademark Infringement

By: Annabelle Hentz Industry giant and household name Nike, Inc. has filed a lawsuit against online sneaker retailer StockX in the U.S. District Court for the Southern District of New York.  Nike is claiming trademark infringement and unfair competition based upon the unauthorized use of the Nike mark in StockX’s Vault Non-Fungible Token (“NFT”) Collection.  NFTs… Read More Sneaker Wars: New World Advertising or Old School Trademark Infringement

What the Supreme Court’s Abolishment of the Lanham Act Means for the Future of Trademarks and the Washington Football Team

This blog discusses the Supreme Court’s recent decision abolishing the Lanham Act which was the only guideline that constituents had to follow in registering a trademark. Is it necessary that Congress proposes a new set of guidelines or has the public norm shifted on what constitutes a socially acceptable trademark? Increased access to social media has helped shed light on offensive, immoral, and racist trademarks that do not make sense in contemporary society. … Read More What the Supreme Court’s Abolishment of the Lanham Act Means for the Future of Trademarks and the Washington Football Team