Registered or Not: Know Your Trademark Rights

Whether your mark is federally registered or not, it is protected against would-be commercial exploiters. Trademark Rights Federal trademark law, specifically Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who: Uses any word, term, name, symbol or device or any combination thereof, or any false designation of Read more about Registered or Not: Know Your Trademark Rights[…]

101 Series – Service Mark

What is a Service Mark? A service mark (or servicemark) is just like a trademark but it is used in connection with services.  A trademark is typically used in connection with goods.  A mark is the general term for both a service and a trademark.  Generally, service marks relates to companies who provide services instead of Read more about 101 Series – Service Mark[…]

Online Trademark Search

Before Applying for a trademark, you should conduct an online trademark search. Because trademarks are awarded to the first user of a mark, a trademark search may reveal if there are any other trademarks which have been registered or if any trademark applications have been filed which are the same or similar to your mark. Read more about Online Trademark Search[…]

SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection

Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]

The Importance of Trademark Goodwill

A “trademark” (less commonly called a “service mark”) can be a single word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Some trademarks are a combination of words and symbols, and many evolve over time. For example, Target’s trademark has become a red bull’s eye, now widely recognized by Read more about The Importance of Trademark Goodwill[…]

Charlie Sheen Trademarks

Charlie Sheen has recently filed 22 Trademark Applications related to many of his catchphrases, including “Duh, Winning” and “Tiger Blood,” according to reports.

Term of a Patent

Maintaining the Term of a Patent Utility patents apply to inventions and processes and are distinguished from design and plant patents. Under current patent law, the term of a new utility patent is 20 years. During the term of a patent, the patent gives the inventor the benefit of having the right to exclude others Read more about Term of a Patent[…]

The First Sale Doctrine under Copyright Law

A copyright owner’s right of distribution is limited by the first sale doctrine, which is an exception to the Copyright Act. The first sale doctrine is a legal principle that limits the rights to control content after a work has been sold for the first time. The first sale doctrine states that once a copyright Read more about The First Sale Doctrine under Copyright 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[…]