What is the best way to protect all of the different variations of our logo?

The initial verdict of the court in favour of $21 million infringement damages to be paid by Costco to Tiffany’s has been overturned, with significant implications for brand protection efforts pursued by jewellery makers and retailers.

$40 billion estimated market value and 1,000+ fold increase in the number of trademark applications. Those are some of the breathtaking facts about non-fungible tokens (NFTs) that have captured substantial attention from the public, regulators, established brands and last but not least, IP specialists. This article presents a trademark perspective on NFTs, exploring this novel phenomenon and emerging issues.

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.