United States: Trademark

RSL Media has introduced the Human Consent Standard, a machine-readable protocol allowing individuals to declare whether AI systems may use their creative works, identity, likeness, voice, characters, or marks. While endorsed by major entertainment industry figures and organizations, the voluntary standard's effectiveness depends on pending federal legislation like the NO FAKES Act, voluntary adoption by AI developers, and its ability to withstand contractual pressures that could undermine its protective fu

A federal trademark lawsuit between 7-Eleven and Nike over an Air Max 95 sneaker raises fundamental questions about brand identity and consumer perception. Can a convenience store claim exclusive rights to a colour combination, and at what point does visual identity become so recognisable that consumers assume a commercial connection exists? The dispute challenges conventional thinking about trademark protection and explores how far brand recognition extends beyond logos and names.

As artificial intelligence gains the ability to replicate voices, images, and distinctive personal characteristics with remarkable accuracy, celebrities like Taylor Swift and Matthew McConaughey are turning to trademark law to protect their identities from unauthorized AI-generated impersonation. This proactive legal strategy offers important lessons for creatives, businesses, and individuals whose personal brands may be vulnerable to digital exploitation in an era where the line between authentic and synth

The EU regulation places online IP disputes inside a defined governance structure, with implications for U.S. businesses depending on their role.

The proposed NO FAKES Act of 2026 seeks to establish federal protection for individuals' digital identities against AI-generated deepfakes by creating a property right in one's voice and visual likeness. This bipartisan legislation would protect all individuals, living or deceased, from unauthorized digital replicas while balancing First Amendment protections and technological innovation. The bill introduces liability frameworks, safe harbors for platforms, and enforcement mechanisms that could fundamentall

The U.S. District Court for the Northern District of Illinois has become the epicenter of "Schedule A" litigation—a controversial model for pursuing intellectual property claims against dozens or hundreds of cross-border e-commerce sellers simultaneously. Judge John F. Kness's landmark 2025 ruling in Eicher Motors Limited challenges long-standing practices including ex parte restraining orders, prejudgment asset freezes, and mass joinder of defendants, potentially reshaping how brand owners combat onl

Recently, social media personality Pattie Gonia shared a video with her more than 2 million Instagram and TikTok followers to draw attention to a lawsuit by clothing brand Patagonia filed against her in January.

Glow Recipe's expanded lawsuit against MCoBeauty and Target represents a strategic evolution in how beauty brands combat dupes, moving beyond traditional packaging disputes to challenge the entire digital ecosystem that enables...

Understanding the five types of trademark application bases in the United States is crucial for successful registration. This comprehensive guide explores the legal foundations, strategic advantages, and practical considerations of each basis—from actual use and intent-to-use to foreign registration and priority claims—providing actionable insights for navigating the USPTO application process and basis conversion strategies.