Eleanor B. Atkins
Subscribe to Eleanor B. Atkins's PostsEleanor (Ellie) B. Atkins focuses her practice on trademark, copyright, sweepstakes and promotions, and false advertising matters. Ellie is experienced in client counsel, strategy and legal research, including portfolio management and the selection, clearance, prosecution, registration and enforcement of trademarks. Additionally, she has assisted with district court litigation as well as actions before the Trademark Trial and Appeal Board, including drafting complaints, discovery requests and briefs in support of various motions. Read Ellie Atkins' full bio.
Learning from Recent Trademark Cases
By Eleanor B. Atkins and Mary Hallerman on Sep 23, 2019
Posted In Advertising and Marketing
Recent cases offer lessons for brewers navigating the often-tricky obstacles surrounding the selection, use and enforcement of trademarks. Whether a brewery is choosing a logo or naming a new beer, the latest decisions highlighted in this article underscore the importance of doing due diligence when it comes to trademarks. Access the full article. Originally published...
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Distilling Lessons from Recent Trademark Cases
By Eleanor B. Atkins and Mary Hallerman on Oct 2, 2018
Posted In Advertising and Marketing
Craft distillers know the value of a good trademark. The name of a particular spirit, a logo, or a label design can be vitally important to a brand’s identity (and a distiller’s bottom line). They also know how complicated—and legally fraught—branding can be. For better or worse, trademark disputes involving alcohol beverage products are becoming...
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Implications of Recent Supreme Court Free Speech Decision
By Eleanor B. Atkins and McDermott Will & Emery on Nov 1, 2017
Posted In Advertising and Marketing, TTB COLAs and Formulas
On June 19, 2017, the Supreme Court issued its decision in Matal v. Tam, declaring the Trademark Act’s (commonly referred to as the “Lanham Act”) “disparagement clause” unconstitutional as a violation of the free speech principles embodied in the First Amendment. If the case name doesn’t ring a bell, the players involved might. The decision...
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Avoiding Misleading Labeling
By Eleanor B. Atkins and McDermott Will & Emery on Feb 8, 2017
Posted In Advertising and Marketing, TTB COLAs and Formulas
Current conventional wisdom in the craft beer business holds that being local helps sell more beer. This has led many brewers to emphasize their local roots on their labels and in their marketing efforts. In some ways, the trend has a “back to the future” feel, as labels and marketing materials once again feature place...
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