Trade Names

News & Analysis as of

M&S Lawyer Hank Abromson Discusses the Difference Between Trade Name and Trademark [Video]

The difference between a trade name and a trademark can be confusing. In some cases a trade name can function as a trademark, but they are not synonymous terms. In this video, Miles & Stockbridge lawyer Henry "Hank" Abromson...more

Trademarks, Trade Names Not Protected by Bankruptcy Law, but Licensee Rights Prevail

Addressing a circuit split over a trademark licensee’s rights following a debtor/licensor’s bankruptcy, the US Bankruptcy Appellate Panel (BAP) for the First Circuit held that, although trademarks and trade names are not...more

Selecting a Mark

While branding is important, selecting a mark for a new business can occupy a disproportionate amount of management’s time and the company’s resources, and present significant risks to the business....more

MarkIt to Market® - December 2016

The December 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for businesses trying to kick-start the year with an annual year-end trademark audit and lists the new gTLD Sunrise periods. Please...more

Considerations When Creating Your Brand

I. Conducting a Clearance Search - A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your...more

“Snap” decision leads to litigation — Snap Interactive files suit against Snap Inc.

A recent litigation brought against the parent company of the popular app Snapchat is a good reminder of the importance of clearing a mark and the pitfalls young companies face as they begin to mature. Snapchat is, of...more

Franchisee d/b/a Franchisor’s Trademark: The Fictitious Name Registration

The fictitious name, also known as the d/b/a, doing business as, trade name or assumed name. Every franchisee uses one and, in almost all cases, it’s the franchisor’s trademark. And while it may be considered “fictitious,”...more

English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

Sixth Circuit Tracks Broader Definition of Commercial Advertising or Promotion in Lanham Act Claims for False Advertising

We’ve all been there: an ad for a pair of shoes we looked at follows us around the Internet long after we’ve closed the window; our Gmail account delivers ads for hotels at a destination for which we’ve just booked a flight;...more

New Year Trademark Audit: A Time for Reflection and Renewal

The start of a new year is a natural time to audit your company's brand assets to make sure they are being appropriately used and protected. These audits can take different forms, but the core analysis involves a review of...more

Is the Mark used as a Trademark or a Trade Name?

Apple Inc. sells Apple-branded computers. Is Apple a trademark or a trade name? And what’s the difference anyway? And perhaps most importantly, why should you even care? A trademark is a protectable brand that distinguishes...more

Trademark Strategies for Start-Up Companies

Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of...more

Foreign Qualification: Doing Business in Other States

You’ve formed your company in your home state and now want to do business in a different state. Or maybe, you’ve incorporated in Delaware (because you’ve heard that’s where all the corporate magic happens), even though you...more

Guide To Doing Business In New Zealand: Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property in New Zealand. These laws permit the creation of legal rights to the exclusive use or ownership of copyright...more

No Attorneys’ Fee Award Based On Dismissed Counterclaim - Burford v. Accounting Practice Sales, Inc.

In an appeal between two parties to a contract for marketing and selling defendant’s accounting practices in various states, the U.S. Court of Appeals for the Seventh Circuit addressed whether the defendant breached the...more

Upcoming Changes in Canadian Trademark Law

Canada has amended its Trademark Law, and although the amended Law's effective date is not yet known, brand owners can expect three significant changes to Canadian trademark law practice. First, to U.S. brand owners...more

New York Attorney General Pursues Dental Management Company for Corporate Practice Violation

Attorney General (AG) Eric Schneiderman announced a settlement With Aspen Dental Management (ADM). The Settlement Agreement requires ADM to pay $450,000 in Civil Penalties, after the AG found that the company was engaged in...more

Cassation instance supports tax authorities in Oriflame case

On June 11, 2015, Moscow District Arbitration Court handed down its ruling in the controversial Oriflame case. In the case, the tax authorities challenged the lawfulness of a Russian organization deducting VAT and expenses...more

Three worlds: Domain names, trademarks and trade names: Understanding the differences between the three can help you to avoid...

When we talk about the brand or the identity of a company, we often think of these three things as being synonymous: the company’s legal name, under which it is registered with a state government (its business name or trade...more

Guide To Doing Business in Australia - Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more

The Business Law Of Twinkies and Trade Names #BusinessLawAttorney

Being a business law attorney it came to my attention, as I walked down the snack food aisle at the grocery store, and noticed a product that looked similar to a “Twinkie” that product copying can clearly be a problem for a...more

A Trade Name May Not Smell So Sweet If It’s Also a Trademark

There are many legal principals behind names of companies and their products and services. It is common for new businesses to check with the North Carolina Secretary of State to make sure no one else has their name. This is...more

Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

It isn’t law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation...more

Going into Business? Give Careful Thought to Selecting and Protecting Your Business Name

You should choose your business name with care, because the name of the corporation or the name under which a service or product will be sold has the potential to be a valuable asset of your business. Unless you take steps at...more

How to Make the Best Difficult Decisions in Uncertainty

I. Perpetual Calendar—Make Sure You Have Time for Reasoned Decisions - Stop trying to remember so much, reduce your stress, and avoid the risk of missing an important date. Every item that you can record onto a...more

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