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Trade Names

Linda Liu & Partners

Protection of Prior Trade Name in the Trademark Right Granting and Verification Proceedings | “TDK” Trademark Opposition Case

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When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more

International Lawyers Network

Make Your Mark On History: Connecting Tradenames To Landmark Events, People & Places

The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more

Foley & Lardner LLP

Arizona House Introduces Potential General Franchise Law

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The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,...more

Willcox & Savage

An Intro to the Corporate Transparency Act

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A federal law adopted in 2021 takes effect on January 1, 2024, and imposes reporting obligations on many entities that may not be accustomed to reporting much information. This article provides a brief overview of the law,...more

Dunlap Bennett & Ludwig PLLC

Sale of Keyword Advertising Not a Basis for Georgia State Tort, Quasi-Contract, and Civil RICO Claims

On February 15, 2022, the Georgia Supreme Court held that the sale of one’s trade name in a keyword advertising service is not the theft of another’s trade name. In Edible IP, LLC v. Google, LLC, 313 Ga. 305, 2022 Ga. Lexis...more

Wiley Rein LLP

[Podcast] Outsmarting Cyber Scammers: A Look Into Anti-Cybersquatting Litigation

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In this podcast, Wiley partners Attison L. Barnes, III and David E. Weslow pull from their combined decades of experience for an in-depth discussion of cybersquatting and related Internet and digital media scams. Since the...more

Linda Liu & Partners

A brief introduction to the relationship between a drug’s generic name, trade name, and trademark

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As a special product, the quality of drugs is a matter of health and safety for millions of consumers. Therefore, China has implemented strict regulations on drugs, including their names. There are three different names for...more

Fox Rothschild LLP

A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church Business

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An intra-congregational dispute over control of church bank accounts led the Wakefield Missionary Baptist Church to a schism that forced out a senior pastor, saw church doors locked, and resulted in competing factions...more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

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Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

BakerHostetler

AD-ttorneys@law - March 2022

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L’Oréal Gets Pancaked by False Origin Suit - Famous beauty products made in...Arkansas? ...more

UB Greensfelder LLP

New Opinion Warns Against Practicing Law Under Nationally Franchised Common Trade Name Owned by Non-Lawyers

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On October 1, 2021, the Ohio Board of Professional Conduct (the “Board”) issued Advisory Opinion 2021-10 advising that lawyers may not practice under a common trade name that is franchised nationally. The Board considered an...more

Fox Rothschild LLP

In A Church Divided, Secular Courts Have Limited Tools To Rejoin What A Congregation Has Put Asunder

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Discord within a faith community comes with all the challenges of a secular dispute, but carries with it the special responsibility that members of a congregation share in a collective spiritual undertaking. Yet, there are...more

Ward and Smith, P.A.

Company Names vs. Trade Names: Understanding the Legal Difference

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So you did all the hard work that was necessary to get a new business off the ground.  And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability...more

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

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Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Akerman LLP - Marks, Works & Secrets

Prior Use Under the Pan-American Convention

The United States is a party to the General Inter-American Convention for Trade Mark and Commercial Protection of Washington, 1929 (“Pan-American Convention”), along with Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: Grab Some Limes? What to do When Your Brand Goes Viral - and Not in a Good Way

Over the past weeks, the world has been carefully monitoring news about a new strain of “coronavirus” respiratory infection, which has sickened thousands, caused dozens of deaths, and resulted in a virtual shut-down of...more

Gray Reed

Risky Business: Using a DBA or Trade Name in Corporate Contracts

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In Texas, Frasier is likely a party to—and liable for—the contracts that he signed using a trade or “doing business as” (DBA) name. The rules governing an agent’s liability for contracts that he signs on a company’s behalf...more

Obermayer Rebmann Maxwell & Hippel LLP

Do You Want To Resume Your Surname As Part Of Your New Jersey Divorce?

You can legally change your name at the time of your divorce in New Jersey by resuming your surname without any additional fees pursuant to New Jersey Statute 2A:34-21.  If there are no criminal charges, creditor/bankruptcy...more

Poyner Spruill LLP

Changes in North Carolina's Assumed Name Requirements

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It has long been a requirement that a business operating in North Carolina under an assumed name file a certificate with the register of deeds identifying the actual name of the business owner. This information only filing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: A Coexistence Caveat for Junior Users

Many trademark disputes are resolved by coexistence agreement – a contract whereby two trademark owners agree to use similar trademarks, but with certain limitations in place to avoid a likelihood of confusion in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: Blockchain-Based Names: New Frontier for Brands (and Squatters)

Blockchain technology has garnered attention from various sectors over the past ten years, much of it due to the rise of Bitcoin and other cryptocurrencies. Cryptocurrencies have gained popularity and notoriety for their...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019

The June 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the implications of blockchain-based names, and discusses negotiation tips for junior users entering into coexistence agreements. It also features...more

International Lawyers Network

Descendants of Danish well-known scientist could not prevent the use of his name by a large Danish based stated-owned energy...

The descendants of a well-known Danish scientist could not prevent the commercial use of the name ØRSTED as a trademark, domain and company name by the Ørsted Group (former Dong Energy A/S)....more

International Lawyers Network

TOP-10 IP Disputes in 2018

CATEGORY: Trademarks - CASE: Sony vs. PAG - DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 - SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the...more

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