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Trademarks › Trade Names

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 -
Linda Liu & Partners

Protection of Prior Trade Name in the Trademark Right Granting and Verification Proceedings | “TDK” Trademark Opposition Case

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When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more

International Lawyers Network

Make Your Mark On History: Connecting Tradenames To Landmark Events, People & Places

International Lawyers Network on

The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more

Foley & Lardner LLP

Arizona House Introduces Potential General Franchise Law

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The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,...more

Dunlap Bennett & Ludwig PLLC

Sale of Keyword Advertising Not a Basis for Georgia State Tort, Quasi-Contract, and Civil RICO Claims

Dunlap Bennett & Ludwig PLLC on

On February 15, 2022, the Georgia Supreme Court held that the sale of one’s trade name in a keyword advertising service is not the theft of another’s trade name. In Edible IP, LLC v. Google, LLC, 313 Ga. 305, 2022 Ga. Lexis...more

Wiley Rein LLP

[Podcast] Outsmarting Cyber Scammers: A Look Into Anti-Cybersquatting Litigation

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In this podcast, Wiley partners Attison L. Barnes, III and David E. Weslow pull from their combined decades of experience for an in-depth discussion of cybersquatting and related Internet and digital media scams. Since the...more

Linda Liu & Partners

A brief introduction to the relationship between a drug’s generic name, trade name, and trademark

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As a special product, the quality of drugs is a matter of health and safety for millions of consumers. Therefore, China has implemented strict regulations on drugs, including their names. There are three different names for...more

Ward and Smith, P.A.

Company Names vs. Trade Names: Understanding the Legal Difference

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So you did all the hard work that was necessary to get a new business off the ground.  And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability...more

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

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Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Akerman LLP - Marks, Works & Secrets

Prior Use Under the Pan-American Convention

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The United States is a party to the General Inter-American Convention for Trade Mark and Commercial Protection of Washington, 1929 (“Pan-American Convention”), along with Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: Grab Some Limes? What to do When Your Brand Goes Viral - and Not in a Good Way

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Over the past weeks, the world has been carefully monitoring news about a new strain of “coronavirus” respiratory infection, which has sickened thousands, caused dozens of deaths, and resulted in a virtual shut-down of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: A Coexistence Caveat for Junior Users

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Many trademark disputes are resolved by coexistence agreement – a contract whereby two trademark owners agree to use similar trademarks, but with certain limitations in place to avoid a likelihood of confusion in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: Blockchain-Based Names: New Frontier for Brands (and Squatters)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Blockchain technology has garnered attention from various sectors over the past ten years, much of it due to the rise of Bitcoin and other cryptocurrencies. Cryptocurrencies have gained popularity and notoriety for their...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019

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The June 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the implications of blockchain-based names, and discusses negotiation tips for junior users entering into coexistence agreements. It also features...more

International Lawyers Network

Descendants of Danish well-known scientist could not prevent the use of his name by a large Danish based stated-owned energy...

International Lawyers Network on

The descendants of a well-known Danish scientist could not prevent the commercial use of the name ØRSTED as a trademark, domain and company name by the Ørsted Group (former Dong Energy A/S)....more

International Lawyers Network

TOP-10 IP Disputes in 2018

International Lawyers Network on

CATEGORY: Trademarks - CASE: Sony vs. PAG - DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 - SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the...more

Harris Beach PLLC

Can I Use Song Lyrics in a Beer Name?

Harris Beach PLLC on

Beer and music go together – always have and always will. Lots of brewers draw inspiration from song and many have used lyrics or even titles to name beers or even their breweries. For example, the superlative Singlecut...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Chambliss, Bahner & Stophel, P.C.

Intellectual Property Law Series: Do Trademarks Matter? Yes.

Chambliss, Bahner & Stophel, P.C. on

Companies have many assets to protect, such as cash, equipment, inventory, furniture, etc. But, one asset that is often overlooked is intellectual property (IP), such as trademarks, patents, copyrights, and trade secrets. In...more

McDermott Will & Emery

Trademarks, Trade Names Not Protected by Bankruptcy Law, but Licensee Rights Prevail

McDermott Will & Emery on

Addressing a circuit split over a trademark licensee’s rights following a debtor/licensor’s bankruptcy, the US Bankruptcy Appellate Panel (BAP) for the First Circuit held that, although trademarks and trade names are not...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2016

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The December 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for businesses trying to kick-start the year with an annual year-end trademark audit and lists the new gTLD Sunrise periods. ...more

Snell & Wilmer

Considerations When Creating Your Brand

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I. Conducting a Clearance Search - A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your...more

Butler Snow LLP

Franchisee d/b/a Franchisor’s Trademark: The Fictitious Name Registration

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The fictitious name, also known as the d/b/a, doing business as, trade name or assumed name. Every franchisee uses one and, in almost all cases, it’s the franchisor’s trademark. And while it may be considered “fictitious,”...more

Dechert LLP

English High Court considers co-existence provisions under German and English law

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In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

New Year Trademark Audit: A Time for Reflection and Renewal

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The start of a new year is a natural time to audit your company's brand assets to make sure they are being appropriately used and protected. These audits can take different forms, but the core analysis involves a review of...more

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