At its core, U.S. trademark law is grounded in a simple principle: rights come from use in commerce, not just registration.

To qualify for protection, a trademark must:

• Be used in connection with goods or services
• Identify the source of those goods or services
• Be distinctive enough to distinguish that source from others

Swift’s filings appear carefully structured to meet this standard. The audio clips aren’t sound recordings—they’re commercial endorsements tied to specific platforms (Amazon Music and Spotify). That context matters.

By embedding her voice in a commercial message, she strengthens the argument that the sound functions as a source identifier, not just creative expression.

A company’s brand is often one of its most valuable business assets. Trademark portfolios, logos, slogans, advertising campaigns, website content, and other copyrighted materials can significantly influence valuation.

The conference’s Brand Integration and Post-Merger Strategy panel highlighted the importance of consolidating trademark portfolios, managing legacy licensing agreements, and preserving brand authenticity after a deal closes. 

Key legal issues include:

• ownership and chain-of-title review
• trademark registration status and renewals
• copyright assignments and licensing rights
• rebranding and consumer-facing communications
• preservation of goodwill and brand recognition

These issues can directly impact the success of the transaction and the long-term strength of the acquired brand.

OpenAI applied to register CHATGPT for software and services related to artificial intelligence, including:

• Software that generates text and speech
• Natural language processing tools
• Machine-learning language models
• Chatbot software that simulates conversations
• Online AI research and development services 

A sound mark is a trademark that identifies the source of a product or service through sound rather than through a visual design. For a sound to function as a trademark, it must:

• Assume a distinctive structure, and
• Create a strong mental association between the sound and the brand in the minds of consumers.

(In re Gen. Electric Broad. Co., 197 USPQ 560 (TTAB 1978))

Sounds that meet these standards can be registered on the Principal Register—the same as word or logo marks.

Under U.S. copyright law — specifically the Digital Millennium Copyright Act (DMCA) — platforms that host or transmit user-generated content are generally referred to as “service providers.”

Importantly, this term isn’t limited to internet access companies like Comcast or Verizon. In the eyes of the law, it includes:

• Social networks
• Online marketplaces
• Image-sharing platforms
• Video hosting sites
• Forums and community websites
• Any platform that stores or distributes content on behalf of users

So if your website allows users to post or upload content, you’re likely considered a service provider under the DMCA.

The governing definition is found in the Lanham Act, 15 U.S.C. §1127, which states that a mark is considered abandoned when:

1. Use has been discontinued,
2. With intent not to resume such use,
3. And “nonuse for 3 consecutive years” constitutes prima facie (presumed) abandonment.

In other words, a trademark owner must continue real commercial use of its registered marks and have an intent to keep using them. If either element disappears, rights can be lost.

The purpose of this rule is simple: U.S. trademark law protects active indicators of source, not historical names that no longer represent goods or services in the marketplace.

Since 2019, trademark examiners at the United States Patent and Trademark Office (USPTO) have applied Examination Guide 1-19, which interprets the 2018 Farm Bill to allow trademark registration for some hemp-derived goods—but only if they do not violate other federal laws, most notably the Federal Food, Drug, and Cosmetic Act (FDCA).

Under this guidance:

• Goods containing CBD or other cannabinoids must be derived from hemp (≤0.3% THC).
• Ingestible products such as supplements, pet treats, and beverages are still refused registration because the FDA prohibits CBD as an ingredient in such products.
• Any cannabinoid deemed a controlled substance, or used in a manner inconsistent with FDA regulation, renders the mark unregistrable under the Trademark Act due to unlawful use in commerce.

With the newly enacted federal ban, the situation becomes even more complicated. Products containing delta-8, HHC, THCO, and other similar cannabinoids—once marketed as Farm Bill-compliant—may now fall squarely into the category of federally prohibited substances. Accordingly, any attempt to register trademarks for these goods will be rejected on grounds of illegality under both the CSA and the FDCA.

Many companies in the U.S. market create and sell fragrances that mimic the scent profiles of iconic luxury perfumes. These “dupes” are often marketed using phrases like:

• “Inspired by [Brand]”
• “Equivalent to [Brand]”
• “Similar to [Brand]”

While these phrases may sound harmless, they walk a very thin legal line. Why? Because they rely on the reputation, identity, and goodwill of well-known trademarks—without permission.

The United States Patent and Trademark Office (USPTO) has confirmed that it will continue normal operations during the shutdown:

USPTO operating status during a lapse in federal appropriations

At present, the USPTO will remain open and fully operational until further notice under operating reserves from the prior year’s fee collections.

 

Key takeaway: The USPTO remains open and is processing trademark applications, renewals, and other filings as usual. Businesses can continue to file and maintain their trademark rights without disruption.

The right of publicity protects a person’s name, likeness, nickname, pseudonym, voice, signature, and other
identifying traits from being misappropriated for commercial purposes.
There is still no federal law governing publicity rights. Instead, protection is determined at the state level, and rules vary dramatically:
• Indiana: 100 years after death.
• California: 70 years postmortem (most Hollywood celebrities fall here).
• Illinois: 50 years.
• Florida: 40 years.
• New York: only since 2021, with limited postmortem rights, especially for performers and digital replicas.
This makes the celebrity’s state of residence at the time of death crucial when determining whether their estate controls the commercial use of their image.