In the name of Santa Claus

It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving.  With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa.  I don’t mean the spiritual visitor, but the name and image Santa Claus which we see Read more about In the name of Santa Claus[…]

Intellectual Property: the Types, the Benefits, and How We Can Help

In the modern world, intellectual property protection is becoming ever more important.  We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple.  Most often, these articles jump right into the details that grab our attention and fail to explain what intellectual property is and how something Read more about Intellectual Property: the Types, the Benefits, and How We Can Help[…]

Samsung guilty of willful Patent Infringement, owes a billion to Apple

As news about the recent verdict in Apple’s patent infringement suit against Samsung makes the rounds on the internet, we thought it would helpful to provide a little insight. However, for those who are interested the amended verdict is available here. The verdict, is simply a copy of the form which was based upon the Read more about Samsung guilty of willful Patent Infringement, owes a billion to Apple[…]

Apple sues Amazon for trademark infringement

In a complaint filed in Federal District Court on March 18, 2011, Apple has sued Amazon for trademark infringement and unfair competition. Apple is requesting an order from the Court to prevent Amazon from using the “App Store” trademark in connection with the sale/advertising of software and for unspecified damages. At the same time, Microsoft Read more about Apple sues Amazon for trademark infringement[…]

Damages in Trademark Litigation

Trademarks are symbols such as logos and brand names used to identify products and services and are frequently a company’s most valuable asset.. In such a suit, recovery for the harm suffered by the unlawful trademark use can be problematic. To help navigate through the complexity of documenting and proving the economic and non-economic damages Read more about Damages in Trademark Litigation[…]

Trademarking Internet Domain Names

Copyright law does not protect domain names, but Trademark law may. Generally, the United States Patent and Trademark Office (USPTO) has tried to apply traditional trademark law to the examination of domain name service mark applications. A domain name qualifies as a mark when it is used in connection with the sale or advertising of Read more about Trademarking Internet Domain Names[…]

Fair Use under Trademark Law

A registered mark does not prevent all use of the mark.  In some situations, another party may use someone else’s trademark to describe the qualities that the trademark represents rather than to use is as a source identifier.   For example, use of a descriptive phrase or common name may be fair use. Fair use of Read more about Fair Use under Trademark Law[…]

Trademark Infringement Litigation

There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods are not based on sufficient facts or data, are not reliable, or are not applied Read more about Trademark Infringement Litigation[…]

Trademark Use in Commerce

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Use in Commerce[…]

Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into Read more about Passing Off under Trademark Law[…]