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 -
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Inditex – the parent company of fashion giant Zara – sued a small New York-based brand over the use of the mark Zara Terez (“ZT”). Zara Terez was launched in 2008 by friends Zara Terez Tisch and Amanda Schabes. The complaint...more

4 Ways to Maximize the Value of Your IP Counsel

1.Considering Your IP Counsel as a Partner - Companies maximize the value of their IP counsel when both the company and IP counsel view their relationship as a partnership. More specifically, look for IP counsel that...more

It’s All Academic – Higher Education Trademark Disputes Offer Practical Lessons

Sayre’s Law teaches that academic disputes are so bitter because the stakes are so low. But 2016 has seen a minor spike in real trademark disputes between institutions of higher education. Most recently, the University...more

USPTO Publishes Amendments to Trademark Rules of Practice

On October 7, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a Federal Register Notice of Final Rulemaking amending the Trademark Rules of Practice that govern practice before the Trademark Trial and Appeal...more

Trade-Marks in Canada: Proper Use and Maintenance

Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more

7 Secrets to Navigating International Markets

October 17, 2016 Publications By Louis Dejoie With considerable fanfare, the first U.S. cruise ship to travel from Miami to Havana in 40 years arrived in Cuba on May 2. The ocean voyage signaled to many the start of a new era...more


In D.C. One Wholesaler, Inc. v. Chien, [Opposition No. 91199035/Cancellation No. 92053919] (TTAB October 4, 2016), the TTAB was called upon to resolve a dispute over the ownership of the trademark I ♥ DC. The TTAB...more

Trademark satire is no joke to the City of Atlanta

Check out this City of Atlanta Facebook page. The funny thing is that it’s not run by the City of Atlanta. Although the posts are titled “City of Atlanta” and use the City’s official seal, the page consists of satirical...more

Trade-Marks in Canada: Processing of Applications

The Office of the Registrar of the Canadian Intellectual Property Office (“CIPO”) processes applications for trade-mark registration based on the steps below. All the time-frames are approximate. 1. Formalities...more

Website Listing of Tequila Client Work Gets PR Firm a Trademark Shot

Can the owner of renowned tequila brand Patrón prevent a former marketing and PR firm from listing it as a client on its website and discussing the services it provided? Patrón believes it can and has sued its former...more

Trade-Marks in Canada: Selecting a Strong Mark

Given the potential value of trade-marks in almost every business and the costs of building brand awareness in the marketplace, the selection of an enforceable trade-mark is crucial. Clients ought to consider the matters set...more

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college. After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt...more

Trade-Marks in Canada: Procedures and Estimated Costs

Using an unregistered mark, confers only limited rights and protections on the user/owner. Registration provides enhanced rights and advantages, including...more

Music Played by Karaoke Machine Is Not “Tangible Good” for Purpose of Trademark Infringement **WEB ONLY**

Addressing the “tangible good” requirement of trademark infringement, the US Court of Appeals for the Seventh Circuit upheld the district court’s decision to dismiss a case because defendants’ playing of unauthorized copies...more

Recommind Challenges CAL Patent: eDiscovery Trends

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were...more

Lee v Tam

The Supreme Court agreed on September 29 to consider whether a provision of the Lanham Act that allows the USPTO to refuse to register “disparaging” trademarks violates the constitutional right to free speech. The case is...more

No Post-Trial “Bait-and-Switch” on Legal Theory

In a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit found that a district court abused its discretion in allowing the plaintiff to argue that the defendant failed to prove continuous of use of...more

Trader Woes: Lanham Act Applies Extraterritorially to Canadian Resale of US Grocery Chain’s Products

A recent case from the US Court of Appeals for the Ninth Circuit illustrates how the Lanham Act may be applied extraterritorially to foreign activities that affect US commerce. Trader Joe’s v. Michael Norman Hallatt, Case No....more

Supreme Court Denies Cert To Review 2d Cir. Stoli Decision

The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark....more

gTLD Sunrise Periods Now 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 contact us...more

Beyond Black and White

Last month, Federal Express announced that all of its logos moving forward would use the brand's recognizable purple and orange color scheme. Before this change, each division of the company used different colors paired with...more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

Intellectual Property Overview For Agribusiness

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

Supreme Court Rejects Effort By Redskins to Join Slants

The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case....more

Don’t Be Offended: Supreme Court Set to Decide Whether Offensive Trademark Ban Violates First Amendment

The United States Supreme Court, on September 29, 2016, granted certiorari in a case involving petitioner Simon Tam, his band, The Slants, and the band’s attempt to register their band name as a trademark. Commentators...more

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