Thomas Casagrande

2800 JPMorgan Chase Tower
600 Travis St.
Houston, TX 77002, United States
Phone: 713.226.1571
Fax: 713.223.3717
Areas of Practice
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation

A Verdict for Your Thoughts?: Why an Accused Trademark Infringer's Intent Has No Place in Likelihood of Confusion Analysis, 101 THE TRADEMARK REPORTER 1447 (Sept. - Oct. 2011)

This article examines how an accused trademark infringer's intent came to be universally considered a factor relevant to whether the consuming public is likely to be confused by the accused mark. It then argues that intent's…more
 /  Intellectual Property

Pros and Cons of The [New] Texas Trademark Act

An article highlighting the more significant substantive and procedural changes to Texas trademark law that will take effect in September 2012, including an assessment of how Texas trademark practice will change…more
 /  Intellectual Property

Texas Adopts Landmark Trademark Legislation

In September 2012, Texas trademark law is set to change substantially. The new Texas Trademark Act revises the way applications are handled and the term of registrations, makes challenging rejections harder, adds powerful new…more
 /  Intellectual Property

Trust but Verify

The importance of licensor quality control over trademark licensees is highlighted in a 7th Circuit decision holding that lack of control meant that the trademark owner lost all rights in his mark…more
 /  Intellectual Property

Betty Boop - A Threat To Licensing Programs

Misguided 9th Circuit decision concerning unauthorized reproduction of Betty Boop character on consumer goods threatens pro sports, college, and character licensing programs…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Case Study: MDY Industries v. Blizzard

9th Circuit decision makes it easier for owners of copyright in digital works to attack products and activities designed to circumvent or impair access controls, encryption or scrambling features known as digital rights…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Of Lawyers, Hotels, and Mattresses: The Federal Circuit’s Ever-expanding Genericness Test for [Thing].com Marks

The Federal Circuit's refusal to permit registration of [THING].com marks on grounds of genericness is out of step with how modern consumers use and view the Internet…more
 /  Communications & Media Law, Intellectual Property

Second Circuit Limits Brand Owners’ Ability to Stop Counterfeiting on eBay

The Second Circuit's Tiffany v eBay decision limits brand owners’ ability to stop counterfeiting on the eBay auction website. But it also provides useful advice how Internet auction and third-party sales sites can, like eBay,…more
 /  Intellectual Property, Science, Computers, & Technology

Did SCOTUS Kill Product Design Trade Dress

Did the Supreme Court's trade dress decisions in Wal-Mart v. Samara Brothers and TrafFix Displays sound the death knell for product confiuration (product design) trade dress actions under the Lanham Act? A scorecard suggests…more
 /  Intellectual Property

The Reach of eBay Inc. v. MercExchange, L.L.C.: Not Just for Trolls and Patents

The Supreme Court's eBay v. MercExchange decision concerning patent injunctions applies well beyond patent law…more
 /  Intellectual Property

What Must a Foreign Service Mark Holder Do to Create and Maintain Rights in the United States

Summarizing the state of US trademark law concerning the creation and maintenance of US trademark rights for marks used in connection with services provided abroad…more
 /  Intellectual Property, International Law & Trade

The "Dawn Donut Rule": Still Standing (Article III, That Is) Even with the Rise of the Internet

Trademark law's seemingly arcane "Dawn Donut" rule, which limits a trademark owner's right to relief to areas where the mark is used or promoted, is not only NOT made obsolete by the Internet, it is a fundamental rule of Article…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Using the Lanham Act to Ward Off Preliminary Injunctions

When terminated franchisees/distributors seek injunctions for wrongful termination, franchisors/manufacturers can turn the tables by countersuing for trademark infringement under the Lanham Act and seeking their own injunctions…more
 /  Franchise Law, Intellectual Property
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