Seyfarth IP partner, Matthew Moersfelder, authored an article, “Penn State Merchandise Case Runs Up Costs for Trademark Owners,” in Bloomberg Law . Moersfelder discussed the impact of Pennsylvania State University suing Vintage Brand LLC, alleging the company willfully infringed various Penn State trademarks by selling products featuring those marks on its website.

“If consumers are

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics.

The cancellations resulted from a petition filed by Superbabies Limited, a company producing comics about superhero babies. Superbabies initiated the cancellation action after DC Comics attempted

The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the applicant mark. The panel led by Judge Dyk found that when determining the conceptual strength of trademarks, “absent proof of non-use [of registered marks], use