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Cheerios® may have a trademark registration for the slogan The One and Only®, but the Trademark Trial and Appeal Board shot down its attempt to register the color yellow for its box, finding that it was not the one and only cereal with a yellow...

In April 2016, Gronk Nation LLC filed two applications for registration of himself in silhouette form spiking a football. Gronk’s “trademark move” is the Gronk spike, so it is no wonder that the logo he is seeking to protect looks like this: One of the applications...

In the spirit of Halloween, this post will be about the ghostly subject of phantom marks. Generally, a trademark application filed in the United States may seek registration of only one mark. This is not always the case in other countries. For example, in the United...

When the justices hear oral argument next Monday in Merit Management Group v FTI Consulting, they will finally be turning their attention to one of this century’s most prominent disputes about how to read the Bankruptcy Code. The case involves limits on the so-called “avoidance” powers...