Fighting counterfeit sellers online used to feel like an endless game of whack-a-mole for brand owners. That’s starting to change — but not always in the direction brands were hoping for. Courts are actively redrawing the rules for who can be sued, how foreign sellers get treated, and what actually counts as a protectable brand. Here’s the niche corner of brand law making real waves right now.
A Major Court Just Made It Harder to Sue Foreign Online Sellers
This is the ruling brand owners are still digesting. A federal appeals court recently placed new limits on trademark plaintiffs pursuing cases against foreign online sellers accused of counterfeiting, making it tougher to drag overseas marketplace vendors into U.S. courts on the same terms brands have grown used to. For companies that rely on aggressive litigation to knock counterfeit listings offline, it’s a meaningful setback — and a sign that the legal playbook for fighting fakes on global marketplaces needs a serious rework.
The Trademark Trial and Appeal Board Just Reset the Rules for What Can Stay Registered
While the counterfeiting fight plays out in the courts, the agency that actually decides what gets on the federal trademark register has been busy too. The Trademark Trial and Appeal Board recently issued a batch of precedential decisions offering fresh guidance on what marks can get onto — or stay on — the federal register. For brand owners and their attorneys, precedential TTAB rulings are a big deal: they don’t just resolve one dispute, they shape how examiners evaluate every application that comes after.
Florida Just Overhauled Its Entire State Trademark System
State-level brand protection is getting a modernization push. Florida’s governor recently signed a new trademark registration law designed to align the state’s system with federal and international standards, replacing outdated state procedures with a more current framework. It’s a reminder that trademark strategy isn’t purely a federal, USPTO-only conversation — state registration systems are evolving too, and businesses that only think “federal-first” may be missing state-level protection opportunities.
The Supreme Court May Weigh In on Foreign Words as Trademarks
Here’s a case with genuinely global branding implications. The Supreme Court is considering whether to take up an appeal involving the use of foreign words in branding — a question that could reshape how companies protect marks that borrow language from outside English. Brands operating internationally, or building names around foreign-language words for flavor and appeal, are watching closely to see whether that strategy gets a clearer legal green light or a serious new obstacle.
Even Pepsi Is Fighting Off a Coffee Trademark Suit
Not every dispute involves counterfeit factories — sometimes it’s just two legitimate brands clashing over naming rights. Pepsi has been working to escape a trademark lawsuit tied to a coffee product, one of several closely watched brand-versus-brand fights currently working through the courts. It’s a useful reminder that trademark risk isn’t only about knockoffs; it’s just as often about two real companies landing too close to the same name.
A Publicity Rights Battle Is Heading to Trial for the Fourth Time
In the trademark-adjacent world of publicity rights, one of the most persistent fights in pop culture licensing is still not resolved. A pop group’s long-running dispute over a toy company’s use of their likeness to create dolls is set to go to trial for a fourth time — an unusually long legal road that shows just how contentious “who owns my image and name” disputes can become, even when the underlying facts seem straightforward.
The Bottom Line
The fight to protect brand identity has moved well beyond simply filing a trademark application and calling it done. Between courts making it harder to chase foreign counterfeiters, the TTAB reshaping what can be registered, states like Florida modernizing their own systems, and marquee brand-versus-brand fights still working through appeals, trademark infringement law is genuinely being rewritten in real time. For any business building a brand right now, staying current on these shifts isn’t optional — it’s part of protecting what you’ve built.
This content is for general informational purposes and isn’t legal advice. For guidance on a specific trademark matter, consult a qualified attorney.
Counterfeit Crackdown: How Brands Are Winning (and Losing) the Fight Against Fake Goods Online
