Principal Vivian Cheng Weighs In on Trademark Cases to Watch in 2026

In an interview with Law360, Principal Vivian Cheng shared her perspective on trademark cases to watch in 2026, focusing on how courts are addressing fundamental questions about trademark strength, consumer perception, and the treatment of foreign-language marks. Cheng examined how these cases highlight ongoing tension between legal standards and factual inquiries in trademark analysis, with potential implications for brand owners and litigators alike.

Excerpt: "Commercial strength is always going to include issues of fact, going back to the consideration of consumer perceptions," Cheng said. "The way the Second Circuit is looking at this, they're mixing conceptual strength, which they're going to consider a question of law to be decided by the judge and not the jury, with commercial strength."

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