The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more
In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more
6/6/2016
/ Advertising ,
Consumer Confusion ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Corporate Counsel ,
Dismissal With Prejudice ,
Lanham Act ,
Preemption ,
The Copyright Act ,
Trademark Infringement ,
Trademarks ,
Young Lawyers