Business owners beware; if you want to avoid the risk of losing your profits, avoid using a trademark or service mark already used by another – regardless of its registration status....more
4/25/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
With the increasing number of real estate developments in the United States comes an increasing number of trademark infringement claims based on the similarity on the names of some of those developments....more
Happy New Year! Did I Miss My Chance at Opportunity Zones?
Opportunity zones were introduced in 2017 as part of President Trump’s tax reform bill. Taxpayers with capital gains can receive several tax benefits if the...more
1/16/2020
/ Capital Gains ,
Commercial General Liability Policies ,
Community Development ,
Consumer Insurance Products ,
Copyright ,
Economic Development ,
Homeowners Association (HOA) ,
Investment Funds ,
IRS ,
Licensing Rules ,
Low Income Housing ,
Medicare ,
Multi-Family Development ,
Music Industry ,
Opportunity Zones ,
Public Performance Rights ,
Qualified Opportunity Funds ,
Real Estate Development ,
Real Estate Investments ,
Senior Housing ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Tax Planning
Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more
1/8/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Federal v State Law Application ,
Goods or Services ,
Intellectual Property Protection ,
Marijuana ,
Medical Foods ,
Medical Marijuana ,
Plant Based Products ,
Regulatory Oversight ,
Retail Market ,
Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more
11/27/2019
/ Commercial Tenants ,
Contributory Infringement ,
Counterfeiting ,
Illegal Activity ,
Intellectual Property Protection ,
Landlords ,
Liability ,
Retailers ,
Shopping Centers ,
Trademark Infringement ,
Trademarks
Effective on August 3, 2019, the United States Patent and Trademark Office (USPTO) will require foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be...more