News & Analysis as of September 18, 2024

Trademarks › Trademark Holders

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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 +

Defense of Prior Use of Trademark | “PURE MALT” Trademark Infringement Dispute

Linda Liu & Partners on 12/27/2023

Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has a certain influence on identical or similar goods...more

Even if a product is manufactured by using the technology purchased from right holder, the use of the right holder’s trademark on...

Linda Liu & Partners on 12/27/2023

Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...more

Can We Stop Pretending That the 7th Circuit Doesn’t Love New Kids on the Block?

Dunlap Bennett & Ludwig PLLC on 7/8/2022

In 1992, the Ninth Circuit Court of Appeals codified the doctrine of “nominative fair use” of another’s trademark, in the case of New Kids on the Block (“New Kids”) versus News America Publishing, Inc. In the case, New Kids...more

Tips for Transferring Trademarks in Light of COVID-19

Faegre Drinker Biddle & Reath LLP on 8/7/2020

In 2017, we wrote about some of our favorite strategies for updating the ownership of global trademark portfolios. As we continue to support our clients during the pandemic, we’ve developed new strategies for documenting...more

How to Maintain Your Trademark Rights When Your Business is Closed

Mintz - Intellectual Property Viewpoints on 4/8/2020

Trademark rights in the US are based on use of a mark not on registration. Failure to use your mark on a product or to offer a service to the public can result in an abandonment of your trademark rights and an inability to...more

Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration

Sheppard Mullin Richter & Hampton LLP on 7/29/2016

Does your company’s wholly-owned subsidiary own trademarks in its own name? Has your company acquired any companies that own trademarks? If so, your company’s use of those trademarks will not prevent cancellation of those...more

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

Lewitt Hackman on 7/7/2015

Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Hotel Dispute Gets An Extended Stay in Puerto Rico: First Circuit Case Illustrates the Limits of an Incontestable Registration

In the U.S., a senior user of a trademark can block a junior user within the geographic area of prior use, even if the junior user is the party with an incontestable U.S. federal registration. This is perfectly illustrated...more

Court Finds No Business In This Show Business Trademark Dispute

It is a basic principle of trademark law that a mark can only be assigned with the goodwill of the business to which the mark relates, for the good reason that the mark is in fact inseparable from the business. But what kind...more

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Trademarks › Trademark Holders

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