Trademark infringement litigation is used to enforce trademark rights during a pandemic

Trademark Rights during a Pandemic

Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials.  3M brought suit against Read more about Trademark Rights during a Pandemic[…]

Trademarking government symbols

Trademarking Images of Uncle Sam

Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion.  Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]

Intellectual Property Law Updates

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[…]

Trade Dress Protection

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[…]

Caution – Cease and Desist Letter

As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark.  What do you do if you find someone is violating your patent rights, for example?  Do you file a lawsuit immediately?  Do you contact the police?  Do you contact Read more about Caution – Cease and Desist Letter[…]

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[…]