Trademarks, Brand, Infringement

Registered Vs. Unregistered Trademarks: What Businesses Need To Know

Dunlap Bennett & Ludwig PLLC on 7/19/2024

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more

U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

Fox Rothschild LLP on 7/1/2024

Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Understanding the Basics: What are Trademarks and Service Marks?

Whiteford on 6/7/2024

In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

Amazon’s Brand Registry: What You Need To Know

Dunlap Bennett & Ludwig PLLC on 4/3/2024

In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized...more

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

Braumiller Law Group, PLLC on 2/7/2024

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Is Palworld Illegally Infringing Pokémon's Trademarks and Copyrights

Axinn, Veltrop & Harkrider LLP on 2/2/2024

Did Nintendo finally release a Pokémon videogame with guns? Oh, wait, it’s not Pokémon at all – it’s Palworld, a game released by Pocket Pair, a different Japanese videogame company. If you missed it, Palworld was released...more

Brand Owner Alert: New Social Media Platform Brings Opportunity and Potential Pitfalls

Seyfarth Shaw LLP on 7/12/2023

The new social media platform Threads was launched on July 5, 2023. Reports indicate that within the first day of launch, more than 30 million users have signed up. The app is designed for text-based conversations instead of...more

Considering Your Audience for Cease-and-Desist Letters

Kohrman Jackson & Krantz LLP on 4/7/2023

So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it....more

Beyond whack-a-mole: Maximizing the impact of your internet monitoring program

Faegre Drinker Biddle & Reath LLP on 9/22/2021

E-commerce was already booming when the pandemic struck, and now it feels ubiquitous. Consumers spent $861.12 billion online with U.S. retailers in 2020, up 44.0% from $598.02 billion in 2019, representing 21.3% of total...more

Controlling Online Distribution Leakage By Unauthorized Sellers

Tarter Krinsky & Drogin LLP on 4/13/2021

One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more

Is Your IP Safe in a $1 Billion Industry?

Goulston & Storrs PC on 2/20/2019

According to Axios’ article, the eSports market is expected to surpass $1 billion globally in 2019. None of this should be a shock since eSports is proving to be an ideal venue for brand sponsorship...more

A Multi-Layered Approach to Packaging Protection

Ladas & Parry LLP on 5/16/2017

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Common IP pitfalls every business can avoid

McAfee & Taft on 10/2/2015

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Hey, These Japanese Mushrooms Aren’t Organic: The Ninth Circuit Addresses the Material Difference Standard in Relation to Produce...

Foley Hoag LLP - Trademark, Copyright &... on 1/13/2014

The Ninth Circuit recently issued a decision upholding the lower court’s finding at summary judgment that a U.S. importer of branded, gray market mushrooms infringed upon the rights of the U.S. trademark owner. Gray-market...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - January 2014 • Volume 3, Number 1

Dickinson Wright on 1/9/2014

In This Issue: - HOW TO WIN THE OLYMPIC GOLD MEDAL IN THE SUPER BOWL OF TRADEMARK INFRINGEMENT: Like any red-blooded American sports fan, the realization that both the Super Bowl and the Winter Olympics are...more

How To Choose A Strong Mark To Discourage Infringement: Put Some Thought Into Protecting Your Intellectual Property

Carlton Fields on 11/22/2013

Your company has just come up with an exciting new product that enables someone to walk and chew gum at the same time! Just imagine all of the potential buyers out there who have been suffering for years from “Can’t Walk and...more

New Trademark Law in China Promises Efficiency and Enhanced Enforcement Capabilities for U.S. Brand Owners

The People’s Republic of China is considered by some to be the next great economic superpower, and U.S. companies seeking to gain a foothold in the Chinese marketplace often begin by attempting to secure trademark rights in...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013): Trademark Functionality in...

McDonnell Boehnen Hulbert & Berghoff LLP on 8/9/2013

Diageo, the world’s largest producer of spirits, has recently found itself in several significant trademark disputes regarding a number of the company’s spirit lines. In a case decided in May 2012 Maker’s Mark brought suit...more

An Ivy League Brand: Trademark Infringement in Academia

As any recent college graduate knows, upon graduation you join an alumni network that carries with it a certain perception. While your GPA, field of study and extracurriculars are key in obtaining that all-important first...more

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

Dechert LLP on 5/25/2013

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

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