Trademarks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -...more

Trademark Review - December 2014

The TTAB Sets the Rules for Pleading Abandonment of a Section 66(a) Registration - VENM seeks registration of the mark VENM for dance costumes. Dragon Bleu opposed registration of VENM’s mark based on 3 earlier...more

Practice Tips For Determining Likelihood of Confusion – Factors to Consider When Assigning Similarity of Trademarks

When reviewing any new trademark application, one of the first issues an Examiner will address is whether or not there is a “likelihood of confusion” between the new mark and any other mark that is already registered with the...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

Trademark Trends: Back-to-Back Arguments in Trademark Cases at SCOTUS

The Supreme Court heard oral argument in trademark cases on consecutive days this month. On December 2, 2014, the issue of whether a finding by the Trademark Trial and Appeal Board (TTAB) of likelihood of confusion precludes...more

Trademark Licensees May Be Protected in a Licensor’s Bankruptcy Even After a “Free and Clear” Sale

The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code...more

An Energized Trademark Monster?

Three months ago we discussed a “trademark bullying” allegation against Monster Energy, detailed in a declaratory judgment complaint filed in Montana federal district court by energy-drink competitor Victory Energize....more

USPTO Reduces Electronic Trademark Filing Fees Effective January 2015

This week the U.S. Patent and Trademark Office (PTO) gave some good news to trademark owners. Effective January 17, 2015, the PTO will reduce filing fees for electronic trademark applications and renewals....more

Supreme Court Corner: Q4 2014

KIMBLE V. MARVEL ENTERPRISES, INC. Patent Licensing - Cert. Pending - Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more

“Is this the worst law firm holiday e-card ever?”

That’s the question posed to me by a friend who’d received it today from an international law firm. I’ve often said how risky I think it is to mix business with a religious holiday card. I tell our clients not to even...more

PTO’s Holiday Gift: Lower Trademark Fees

“The USPTO has issued a final rule notice reducing certain trademark fees. The reductions will benefit the public by lowering the costs of seeking and renewing federal registration. ...more

U.S. Patent and Trademark Office to Reduce Filing Fees

Effective January 17, 2015, the U.S. Patent and Trademark Office is reducing filing fees for new U.S. trademark applications filed and processed electronically from $325 to $275 per class (and as low as $225 if certain strict...more

A New Domain Name Dispute Alternative: The Uniform Rapid Suspension System (URS)

The Uniform Rapid Suspension System (URS) was created as part of ICANN’s new gTLD program. A gTLD (generic top-level domain) is the “suffix” at the end of a domain name, most commonly .com, .org, .info, .biz and .us. Prior to...more

USPTO: Over Half of Applications/Declarations Studied Over-Claim Covered Goods/Services

It has been the practice of some brand owners to include more goods in a use-based trademark application or declaration than were actually being used. Under TTAB precedent such as Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205,...more

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Increased Use of Summary Disposition in the Federal Court: An Efficient and Cost-Effective Tool to Resolve Trademark Cases

For many years, summary disposition was essentially unavailable in intellectual property cases in the Federal Court of Canada, unless a claim or defence was plainly devoid of merit. For some parties, this presented a...more

Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more

Bo Knows, How To Beat a Trademark Bully

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but...more

Legal Considerations for Web Based Start-Ups

Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. A leading forecaster found that global mobile internet usage leapt from 14 percent to 25...more

Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award

M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more

Court Denies Duplicative Deposition (New Jersey)

Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014). In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce...more

Eponymous companies and use of the designer’s personal name: Mr. Alviero Martini vs. Alviero Martini S.p.A.

The Court of Milan has recently issued a decision in a case regarding the limits to use the personal name of a well-known designer by a company which had legitimately acquired the corresponding eponymous trademarks....more

High Court of Australia Determines Landmark Trade Mark Case in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd

The High Court of Australia (High Court) this week handed down only its third decision considering trade mark law since the enactment of the Trade Marks Act 1995 (Cth). This decision could reduce barriers to registration for...more

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