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Category: Trademark Law
Portions of Lanham Act Unconstitutional
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Consumer Surveys in Trademark Cases
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.
Intellectual Property Updates
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
Intellectual Property Law Update
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
101 Series – Trademark Licensing and Franchising
As part of running a business, business owners occasionally need to license their trademarks. Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark. However, if done wrongly, a trademark license can accidentally create a franchise. In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]
Registering a Trademark used in Commerce
Registering a Trademark Trademarks are protected under state, federal and common law based on proof of actual use of the particular word, phrase, style, design, color, smell or sound. Registration provides several important benefits, including the ability to obtain monetary damages and certain presumptions after a period of time on the principal registry. Federal registration Read more about Registering a Trademark used in Commerce[…]
Buying or Selling Counterfeit Merchandise
Counterfeit Merchandise The sale of counterfeit goods is skyrocketing in the U.S. and around the world. Every day someone sells a knock-off product on eBay losing billions of dollars in potential sales from legitimate brand owners and also eroding their intellectual property rights. Globally, the economic impact of counterfeiting and piracy are projected to reach Read more about Buying or Selling Counterfeit Merchandise[…]
Copyright Cartoon Images
CARTOON CHARACTERS Cartoon characters are everywhere these days. In movies, video games, television, software, toys, blankets, food, beverages and clothing just to mention a few. Many of these are based on a fictional character which was originally created as part of a graphic work like a comic book. From a value perspective, these characters are Read more about Copyright Cartoon Images[…]
Protecting eSports Copyright and Trademark
In 2018, the eSports market was valued at nearly 865 million dollars and some experts expect its value to exceed 1.79 billion dollars by 2022. The majority of this revenue is expected to come in the form of sponsorship and advertising dollars. Some will come in the form of betting, prize money, merchandise, and ticket Read more about Protecting eSports Copyright and Trademark[…]