Trademark Holders

News & Analysis as of

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

How to Properly Use Your Trademark -- Part I

Trademarks and service marks can be any word and/or symbol (or any combination thereof) that identifies or distinguishes the source of a product or service of one party from those goods or services of another party. In order...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

PRC Trademark Law Amendment: The Practical Implications on Your Brand in the PRC

WHEN WILL THINGS CHANGE - After four years and a number of revised drafts, the eagerly anticipated amendment to the existing PRC Trademark Law was finally passed on August 30, 2013 and will come into force on May 1,...more

Hotel Dispute Gets An Extended Stay in Puerto Rico: First Circuit Case Illustrates the Limits of an Incontestable Registration

In the U.S., a senior user of a trademark can block a junior user within the geographic area of prior use, even if the junior user is the party with an incontestable U.S. federal registration. This is perfectly illustrated...more

If You Want to Go Fast, You Don’t Have Time for Trademark Law.

If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh?...more

Intra-Corporate Trademark Transfers: Beware of the Intent-To-Use Trap

In the course of a corporate restructuring or in the management and reorganization of a company’s IP assets, intra-corporate trademark assignments are not uncommon....more

I Am… Other — How Trademark Owners Can Avoid Declaratory Judgments Actions

Singer-songwriter Pharrell Williams recently filed a declaratory judgment suit in the Southern District of New York against of the music group The Black Eyed Peas. owns the trademarks I AM and WILL.I.AM...more

It’s a BRAND New World: Update on ICANN’s Expanded gTLD Program

You have likely heard by now that the Internet is about to get substantially bigger and more complex, with potentially treacherous consequences for brand owners. This past fall, we wrote a chapter covering this issue in...more

Court Finds No Business In This Show Business Trademark Dispute

It is a basic principle of trademark law that a mark can only be assigned with the goodwill of the business to which the mark relates, for the good reason that the mark is in fact inseparable from the business. But what kind...more

Domain-Name Rights: Pursue Them or Lose Them, Arbitrator Rules

Domain-name registrants who sit on their rights rather than go after trademark infringers do so at their peril. In a case decided last July, an arbitrator for the World Intellectual Property Organization (WIPO) held that a...more

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