Amazon’s Patent Evaluation Express (APEX) has become one of the most consequential patent enforcement venues in the country. According to a recent Bloomberg Law analysis, federal lawsuits stemming from the program grew more than 200% from 2022 to 2025. For companies selling on Amazon, and for patent owners targeting them, there are three features of the APEX process they should be aware of, features that often shape the outcome long before any evaluator issues a ruling.
In November 2025, Taylor Swift’s trademark application for "The Life of a Showgirl" received a rejection from the United States Patent and Trademark Office (USPTO) citing a prior registration for "Confessions of a Showgirl" trademark covering blogs, live performances, TV and movies in the name of a Las Vegas showgirl, Maren Wade/Flagg. Rejections of trademark applications based on citations of prior registrations are not uncommon in trademark applications and many may be overcome with the proper arguments. This matter is currently pending.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Intellectual Property and Brand Management & Protection partner Barry Greenbaum delivered a presentation for an International Intellectual Property Society (IIPS) CLE webinar entitled “Your AI Made a Great Ad. Your Lawyer has Questions!” on May 20 from 10:00 A.M. - 11:00 A.M. EST.
The trademark world is buzzing over the rejection by the United States Patent and Trademark Office (USPTO) of Taylor Swift’s trademark application for "The Life of a Showgirl" due to potential conflicts with pre-existing marks. In the U.S., prior use of a trademark and a prior trademark application take precedence over any new filings regardless of how well-known the applicant may be. Taylor Swift’s application covers an extensive list of goods to be sold in connection with her new album of the same name and accordingly reflects the opportunity for substantial income, making securing this mark likely important to her.
In August 2025, in its continuing efforts to curtail fraudulent trademark filings, the United States Patent and Trademark Office (USPTO) terminated over 52,000 fraudulent trademark applications that were all filed by one firm alone, issuing sanctions against it. As fraudsters only get more clever, the USPTO is fighting back with modern technology, adding yet another level of verification for trademark filers requiring additional identity verification.
With the rise of the use of generative AI training comes the risk of potential lawsuits from copyright owners whose works have been used without their authorization. The US Copyright Office is stepping up to provide guidance to keep up with this evolving technology and help define what constitutes fair use.
For foreign trademark owners filing a US application through WIPO seems the obvious choice due to the ease and apparent limited cost of filing. However, US trademark law differs in a number of ways from many countries and a WIPO filing rather than national may be more troublesome (and expensive) than it seems.
With an increase in both the number of trademark applications and fraudulent trademark applications over the last several years, the USPTO has recently instituted several additional filing requirements, increased most filing fees, and added new fee categories.
The United States Patent and Trademark Office (“USPTO”) is constantly adapting to the changing world, which now includes the virtual world, and more and more trademark applicants are seeking to obtain trademark protection for virtual goods and services. As a reminder, the USPTO has adopted an international system of classifying goods and services in trademark applications, with 45 different categories. There is some confusion about how virtual goods and services are classified.