The Supreme Court Affirms Corporate Separateness in Trademark Disgorgement: Dewberry Group v. Dewberry Engineers

On February 26, 2025, the United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a $43 million disgorgement award and reinforcing the fundamental principle of corporate separateness in the context of the Lanham Act’s remedies provision. The ruling clarifies that in a trademark...
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China’s CNIPA Updates Requirements for Collective and Certification Marks under Madrid Protocol

The China National Intellectual Property Administration (CNIPA) has reinforced and clarified requirements for collective and certification marks designated under the Madrid Protocol. This change, highlighted in WIPO’s Information Notice No. 1/2025, clarifies and reinforces existing regulations to enhance compliance with Chinese trademark laws and ensure that international trademark holders meet local...
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Tesla Secures “Tesla Cyber” Trademark in China: Strategic Brand Protection Amid U.S.-China Trade Tensions

Tesla has successfully registered the “特斯拉赛博” (Tesla Cyber) trademark in China, reinforcing its commitment to safeguarding its brand in the world’s largest electric vehicle (EV) market. While this registration formally establishes Tesla’s exclusive rights to the “Cyber” branding, it also raises questions about the future of the Cybertruck in China—a market...
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Moke and the Perils of Genericide: The Fourth Circuit Weighs In

The Fourth Circuit’s recent decision in Moke America LLC v. Moke International Ltd. is a striking example of how trademark rights can be lost through genericide, a process where a once-distinctive mark becomes the common name for a type of product. The ruling, which vacates and remands the district court’s determination that...
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Corporate Separateness on Trial: The Supreme Court’s Ruling in Dewberry Group v. Dewberry Engineers and Its Impact on Trademark Liability

The Supreme Court’s pending decision in Dewberry Group v. Dewberry Engineers is poised to clarify a critical issue in trademark law: whether a defendant can be required to disgorge profits earned by legally distinct corporate affiliates without piercing the corporate veil. At stake is the balance between enforcing trademark rights and...
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When Trademarks Collide with the First Amendment: Unpacking Vidal v. Elster

In an era where political expression permeates every corner of public discourse, the intersection of free speech and trademark law has recently become a contentious battleground. The case of Vidal v. Elster—a dispute over the attempted trademark registration of the phrase “TRUMP TOO SMALL”—examines whether the names clause of the Lanham...
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