Susan retired from Mintz in 2026 after over 20 years of dedicated leadership of the firm's Trademark Practice.

When Can a Trademark Owner Take Action for Unauthorized Use of its Trademark Online?

January 4, 2022 | Blog

Unauthorized use of a trademark on the Internet occurs often and in many forms, usually involving the profiting, whether intentionally or unintentionally, from the goodwill associated with a trademark belonging to someone else. Such use, however, does not always rise to the level of trademark infringement. Unauthorized use of a trademark is only infringing if the particular use causes likely confusion among consumers. The most common type of confusion is confusion over source, which occurs at the time of purchase, but confusion can also arise as to affiliation, connection, or sponsorship, and confusion does not necessarily need to occur at the time of purchase.

October 29, 2020 | Blog

As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically generic and can be protected as a trademark under certain circumstances.

July 7, 2020 | Blog

In a landmark decision, United States Patent and Trademark Office v. Booking.com B.V., the Supreme Court of the United States, by an 8-1 vote, affirmed the lower court’s determination that Booking.com could register BOOKING.COM as a trademark.

June 22, 2020 | Blog

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead, the court held that a photograph of a makeup artist’s application of a makeup design to a human “fixed” the design for purposes of copyright law and affirmed the district court’s dismissal of the appellant Mourabit’s unjust enrichment and unfair competition/misappropriation claims as preempted by the Copyright Act.

May 27, 2020 | Blog

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s use of Humvee vehicle models in the blockbuster Call of Duty videogames was not a violation of the Lanham Act.

April 23, 2020 | Blog | By Michael Graif

In a unanimous decision, the US Supreme Court held that a trademark owner need not prove willful infringement in order to seek lost profits from a trademark infringer. The case, Romag Fasteners Inc. v. Fossil Inc. et al., case number 18-1233, involved a long running trademark infringement dispute between the parties.

April 15, 2020 | Blog

The Federal Circuit recently held in a precedential ruling that a “color mark” comprising a multiple-color pattern is capable of being inherently distinctive and of registration on the Principal Register, so long as it appears on product packaging rather than on a product itself.

April 9, 2020 | Blog

Trademark due diligence is the process of analyzing information concerning a company's trademark portfolio and assessing the risks, exposures, and benefits associated with a proposed transaction. In an acquisition, both the buyer and the seller need to ensure that they each are fully informed as to the status of the trademarks at issue.

April 8, 2020 | Blog

Trademark rights in the US are based on use of a mark not on registration. Failure to use your mark on a product or to offer a service to the public can result in an abandonment of your trademark rights and an inability to maintain an existing registration.

March 26, 2020 | Blog

In a recent precedential decision, the TTAB held that the addition of one initial —or possibly even more than one initial—in front of a surname does not necessarily create the impression of a personal name. Rather, the Board held that a surname plus one or more initials may remain “primarily a surname” and, as such, cannot be registered on the Principal Register without proof of acquired distinctiveness.

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173 Mintz Attorneys Across 53 Practice Areas Recognized by The Best Lawyers in America 2026

August 28, 2025

173 Mintz attorneys across 53 practice areas have been recognized by Best Lawyers® in the 2026 edition of The Best Lawyers in America©. Five Mintz attorneys received 2026 “Lawyer of the Year” awards, and 61 firm attorneys were included in the 2026 edition of Best Lawyers: Ones to Watch.

Mintz’s Trademark Practice and Attorneys Recognized in 2025 WTR 1000 Rankings

February 04, 2025

Mintz has been recognized in the 2025 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fifth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide.

The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas

August 15, 2024

187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

Mintz Attorneys Recognized as 2024 Washington DC Super Lawyers and Rising Stars

April 22, 2024

Mintz’s Trademark Practice Recognized in 2024 WTR 1000 Rankings

February 06, 2024

NEW YORK, SAN DIEGO, and WASHINGTON, DC - Mintz has been recognized in the 2024 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fourth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide. This year, WTR ranked Mintz in New York as a leading firm for “Enforcement and Litigation” and “Prosecution and Strategy.”

One Hundred Twenty Mintz Attorneys Ranked as Leaders by Best Lawyers 2024

August 17, 2023

Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

Five Mintz Attorneys Recognized as 2023 Washington, DC Super Lawyers

April 24, 2023

WASHINGTON, DC – Mintz is pleased to announce the inclusion of five Members to the 2023 Washington, D.C. Super Lawyers list.

Mintz’s Trademark Practice Recognized in 2023 WTR 1000 Rankings

February 14, 2023

NEW YORK, SAN DIEGO, and WASHINGTON, D.C. – Mintz has been recognized in the 2023 edition of “WTR 1000: The World’s Leading Trademark Professionals”—a unique guide that identifies the top trademark professionals in key jurisdictions around the globe.

One Hundred Eight Mintz Attorneys Ranked as Leaders by Best Lawyers 2023

August 18, 2022

Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

Six Mintz Attorneys Named 2022 Washington, DC Super Lawyers and Rising Stars

April 28, 2022

Mintz, Practitioners Ranked in 2022 World Trademark Review 1000

March 01, 2022

Nine Mintz Attorneys Selected to the 2021 Washington, D.C. Super Lawyers and Rising Stars Lists

April 27, 2021

Mintz, Practitioner Ranked in 2021 World Trademark Review 1000

February 23, 2021

Ten Mintz Attorneys Honored as 2020 Washington, D.C. Super Lawyers and Rising Stars

April 16, 2020

No, Seriously, Don't Try To 'Trademark' Coronavirus

March 19, 2020

Mintz Member Susan Weller was quoted in an article published by Law360 discussing the latest trend of misguided trademark applications surrounding COVID-19 and the considerations by trademark lawyers.

Thirteen Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 23, 2019

Ban On 'Scandalous' TMs Is Probably Dead For Good

September 18, 2018

Susan Weller, who currently manages Mintz’s Trademark & Copyright Practice, provides commentary in this feature article looking at whether or not the U.S. Supreme Court will revive a federal ban on the registration of profane trademarks.

Eleven Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 24, 2018

Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.

After NYT Challenge, BuzzFeed Drops 'All The News' Slogan

October 12, 2017

Law360 published an article discussing BuzzFeed’s decision to drop the “all the news” slogan after being threatened with legal action by the New York Times, thus avoiding a trademark fight. Susan Weller, Mintz Washington, DC Member, is one of the sources quoted in the article discussing the case.

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

June 20, 2017

Susan Weller, a Member of Mintz’s Washington, DC office, is featured in an IP Watchdog article on the U.S. Supreme Court’s decision in the Matal v. Tam trademark case. The Supreme Court ruled that the disparagement clause was in violation of the First Amendment.

Even Before Slants, Offensive TM Ban Always An Awkward Fit

June 20, 2017

Mintz Member Susan Weller is featured in this Law360 article on the U.S. Supreme Court’s decision to rule in favor of the rock band “The Slants”. The court decided the disparagement clause of the Lanham Act was in direct violation of the First Amendment.

Twelve Mintz Attorneys Named 2017 Washington, D.C. Super Lawyers and Rising Stars

April 24, 2017

Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.

Racial slurs, free speech at issue in 'Slants' trademark case

February 1, 2017

This article discusses Lee v. Tam, a Supreme Court case involving the band The Slants in their attempt to trademark their name, in opposition to the Lanham Act, which denies trademark protection of any work or name that disparaged someone.

US Supreme Court Examines Many Angles in Slants Oral Arguments

January 22, 2017

Susan Neuberger Weller is quoted in this Managing Intellectual Property article addressing Lee v. Tam, a U.S. Supreme Court case involving the band The Slants in their attempt to trademark their name and examining the arguments made and how the court may rule.

Offensive TMs At High Court: Everything You Need To Know

January 17, 2017

Susan Neuberger Weller is among sources quoted in this article discussing a high-profile trademark case involving the Washington Redskins and the band The Slants.

Mintz Attorney Susan Neuberger Weller to Speak at 2016 WIPO Summer School

August 05, 2016

Susan Neuberger Weller, a Member of the Intellectual Property Practice at Mintz, is speaking at the 2016 World Intellectual Property Organization Summer School presented by the U.S. Patent and Trademark Office Global Intellectual Property Academy.

Eleven Mintz Attorneys Named 2016 Washington, D.C. Super Lawyers and Rising Stars

April 25, 2016

Law360 Intellectual Property Editorial Advisory Board

February 29, 2016

Susan Neuberger Weller, Chair of the Trademark Law Practice, is featured in this Law360 article on being named to Law360’s Intellectual Property Editorial Advisory Board.

Twelve Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 17, 2015

Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.

Eleven Mintz Attorneys Named Washington, DC Super Lawyers and Rising Stars

April 25, 2014

Nine Mintz Members Named Washington, D.C. Super Lawyers and Rising Stars

April 29, 2013

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Speaker

Jul

2015

World Intellectual Property Organization Academy Summer School

WIPO and United States Patent & Trademark Office

Alexandria, VA

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Susan Neuberger Weller

Member Emerita

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April 23, 2020 | Blog | By Michael Graif

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Susan Neuberger Weller

Member Emerita