Trademarks Trade Dress

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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Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Is Tiffany Generic?

Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more

Intellectual Property and Technology News - Issue 20, Q4 2013

In This Issue: - CHINA AMENDS TRADEMARK LAW: PRACTICAL IMPLICATIONS FOR BRAND OWNERS - SUPREME COURT CORNER - A CASE FOR COUNTERFEIT TRADE DRESS - MANAGING YOUR IP ACROSS BORDERS - Excerpt...more

Trade Dress Watch: A case for counterfeit trade dress

Can a product which imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a “counterfeit” product under United States law? Owners of popular brands (like Louis Vuitton...more

Pun Marks Are Fun Marks! Then Why Is Chewy Vuiton OK, But Not Ben & Cherry’s?

Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s® (“B&J”) when it launched a “Ben & Cherry’s” film series. Even the less explicit titles in the series, such as BOSTON CREAM THIGH...more

Trade Dress Can Be Viable Means of Protecting Websites from Competitor’s Look-Alike Sites

Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites. Depending on the investment in the development and...more

IP Protection: What Are Trademarks, Service Marks And Logos?

A trademark (one word) is the identity you give your products. A service mark (two words—don’t know why, just the way it is) is the identity you give your services. Originally Published on I-Sight.com - October 15,...more

Trade Dress Watch - the value of trade dress litigation is on the rise Q3 2013

The value of trade dress litigation is on the rise. While in the past the primary value of trade dress litigation rested in the ability of the plaintiff to enjoin competition (except possibly in cases of counterfeit goods),...more

Class 5: How to use copyrights, trademarks, and trade secrets to your advantage

In This Presentation: •What is Intellectual Property? •Making use of: –Copyrights –Trademarks –Trade Secrets - Excerpt from What is Intellectual Property? Intellectual Property...more

These Colors Don’t Run, They Identify Sources.

Like most holidays, the Fourth of July is inextricably linked with childhood memories, the smell of amazing food, time with family, and yes, even brands and trademarks. While logos and brand names for marshmallows and hot...more

Enthusiastic Fan or Dangerous Competitor?

I like Trader Joe’s. I like the atmosphere – not unlike the small-town grocery stores I knew growing up. I like the products – interesting choices and, at least, perceived quality. But I’m not sure I like their legal...more

Intellectual Property And Technology News - Issue 18, Q2 2013

In This Issue: - In The ITC: ..The Public Interest Factors – NEWEST PATENT TROLL COUNTERMEASURE? ..ITC or District Court? Look at the Math - The New gTLDs And The Trademark Clearinghouse: Four Tips...more

Shape Suddenly Matters

As anyone in the candy industry will attest, many factors go into the making of a hit product. First and foremost, it better taste good. Having a great slogan also helps, as will having a celebrity endorser like Bart...more

IP/IT & Media Newsletter - Issue 1/2013

In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another...more

Trademark Review - Volume 3 | Issue 2 February 2013

In This Issue: - Supreme Court Affirms Dismissal Based on Nike's Broad Covenant Not to Sue - Hershey Cannot Kiss SWISSKISS Chocolates Goodbye - Luulemon's Design Mark is Rejected as Merely...more

$8 Million Trade Dress Infringement Verdict: Is Your Trade Dress Protected?

A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. Although smaller or startup...more

Trademark Office Denies Louboutin’s Request to Broaden Trade Dress in Red Sole Shoes

The red hot dispute continues between Christian Louboutin and Yves Saint Laurent (“YSL”) over Louboutin’s red sole shoe trademark. On January 16, 2013, the U.S. Patent and Trademark Office rejected Louboutin’s request to...more

Trademark Review - Volume 3 | Issue 1 January 2013

In This Issue: • Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration • Disney Owns Winnie-the-Pooh Trademarks • Apple Loses Claim Against Amazon for Use of Appstore - Excerpt...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

IP 101 – 10 Things to Know About Trademarks

1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more

Fashion Law Making Strides off the Runway: 2012 Year in Review

This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more

Mixed Chicks Scores Big

It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in...more

Trademark Formats and Protectability

An illustrated outline of the various types of trademarks and trade dress and the rules applicable to their protectability requirements....more

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