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... 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."
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
The Ska / DuClaw Trademark Dispute Over EUPHORIA, Trademark Lessons for the Craft Brewer
gTLD Update for February 2013
After Trademark Ruling, Yankees are Officially "The Evil Empire"
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
How Far Can You Take a Twitter Parody Account?
Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design
Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More
Registering Trademarks & Copyrights with U.S. Customs
In This Issue:
Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more
Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of...more
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
Kmart recently unveiled a brand new advertisement that’s about as subtle as a shovel to the face. While some have described it as juvenile or immature, I can’t help but chuckle everytime I see or hear it. Maybe that says...more
Trademarks and service marks are valuable in all areas of commerce, and health care is not an exception. Providers of health care-related goods and services rely upon trademarks and service marks to identify the sources of...more
In This Issue:
- AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE:
The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more
In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are...more
Remember how important it is to stay on the right side of the suggestive/descriptive line when it comes to making proper use of a brand name?...more
A Czech outfit calling itself the WDTP (Worldwide Database of Trademarks and Patents) regularly sends invoices to Canadian trade-mark owners, claiming to be owed a few thousand dollars as a “filing fee”. The WDTP is just one...more
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
When the Baltimore Ravens and San Francisco 49ers won their NFL conference championship games, a Super Bowl matchup emerged with a great storyline — the opposing head coaches are brothers. An interesting legal question has...more
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
In This Issue:
*News From the Bench
- Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion.
- Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton.
While watching Lena Dunham stumble in her 6-inch Louboutin red-soled heels during the 70th Annual Golden Globe Awards broadcast, our comments revolved around the fact that her dress was so long, she should have worn slippers...more
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
Today we address suggestive marks – “suggestive” as in meretricious, not as one of the measures of trademark strength. It was three strikes and you’re out for Ms. Marsha Fox, who in 2001 applied to register COCK SUCKER and...more
Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,...more
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
It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint...more
In This Issue:
Does a Virtual Pet Site Violate COPPA?; Legislative Updates: Geolocation bill and VPPA Updates Advance, ECPA Update Stalls; Dunkin’s “Best Coffee” Slogan Can’t Be Trademarked; Takeoff: First California...more
Would you place this mouth wash bottle on your bathroom counter or hide it under the counter?
The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more
Lately it seems like every aspect of advertising and marketing targeting the military is ripe for generating positive public relations in the name of consumer protection. In a new and aggressive move, in December, the...more
You see it quite often, phrases like “The Best Car in America” or “America’s Favorite Restaurant” used in advertising. The Trademark Office does not consider the truth of these statements when considering an application for...more
When you file an application to register a trademark (or service mark) in the United States Patent and Trademark Office, you must show you’re actually using the mark “in commerce” on the specific goods or services listed in...more
IN THIS ISSUE:
..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction?
..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents
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