The Biggest TM Rulings of 2026: A Midyear Report

Sterne Kessler Counsel Dana Justus spoke with Law360 on the most impactful trademark rulings from earlier this year.

In January, the Trademark Trial and Appeal Board (TTAB) made precedential a decision allowing Brazilian chocolatier Florend Indústria e Comércio de Chocolates LTDA to continue pursuing the “Danke” mark for chocolates despite opposition from August Storck KG, owner of the “Merci” mark. Justus said the decision was useful because it recognized the marketplace context around the shared meaning of the marks.

“The marks look dissimilar. They sound dissimilar. The only factor that’s being pinged on the similarity analysis is that they share the same meaning,” she continued, “But overall we still look at the overall consumer perception, and meaning is not enough to carry the day.”