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

"Want Coke? Buy Pepsi!” Is This Confusing?

Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the...more

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

Cisco Takes Foreign Corporations to School in Ex Parte Applications for Restraining Orders

Two recent orders from the District of Connecticut demonstrate that the element of surprise continues to be an effective, and sometimes necessary, factor in copyright litigation. The June 26, 2015 orders issued by the...more

Social Media Adds Kick to Beer-Themed Trademark Battle

As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District...more

Trade Secrets, Security, and Cloud Computing: Best Practices Now

As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

RMF Pro Bono Case “Under Reconsideration” as a Result of New Trade Legislation

On June 29, 2015, President Barack Obama signed the Trade Adjustment Assistance Reauthorization Act of 2015 (“TAARA 2015”) into law as part of the Trade Preferences Extension Act of 2015, which gave President Obama "fast...more

Tory Burch Protects Her Brand

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more

Federal Circuit Shows No Peace & Love to the TTAB

This case arose from GS Enterprises, LLC’s (“GS”) opposition to the registration of Juice Generation, Inc.’s (“Juice Generation”) trademark. In finding a likelihood of confusion with GS’s marks, the Board below reasoned that...more

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Court Takes Middle Ground in Balancing ESI Production Costs (Texas)

F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) - In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more

How Can You Safely Discuss Your IP with Others?

As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more

A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these...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

Despite Cancellation, the Washington Redskins' Trademark is Not up for Grabs

As of Wednesday, July 08, 2015, the Washington Redskins have lost a long-fought batter to maintain its federal trademark registrations covering “REDSKINS.” Back in June of 2014, the United States Patent and Trademark Office...more

Will Starbucks Be a Closer at the USPTO?

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus...more

Redskins Trademark Decision

On July 8, 2015, a Virginia District Court ordered the cancellation of six NFL Redskins trademark registrations, under a Lanham Act prohibition against registering marks that “may disparage” a referenced class at the time of...more

At The Corner of Trademarks and Confusion

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more

8 Key Areas To Review During An IP Due Diligence

Conducting an intellectual property due diligence is an essential component in the acquisition, investment in and/or valuation of technology companies. What are some of the key components of the business that such a...more

Intellectual Property Alert: Federal District Court Affirms Cancellation of “REDSKINS” Marks on Summary Judgment and Holds that...

On July 8, 2015, the Federal District Court of the Eastern District of Virginia affirmed the Trademark Trial and Appeal Board’s cancellation of the REDSKINS federal trademark registrations owned by Pro-Football, Inc....more

Trademarks on the Internet: Are Consumers Really this Clueless?

Are you unaware of the difference between search engine searches and the search results? Do you believe that a search engine can read your mind and return exactly (and only) the results you expect to receive? Is this your...more

Trademark Grammar, Concerns, and Cliches?

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term...more

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Chipping Away at the Dead Wood and Other Registered-But-Unused Marks

An ongoing issue faced by the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations granted or retained for over-inclusive identifications of goods and/or services where the...more

What is a Trademark Squatter?

Imagine that you own a U.S. based brand that you have diligently registered with the U.S. Patent and Trademark Office. As you watch your domestic sales skyrocket you begin to realize that overseas markets hold unique...more

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