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[…]

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[…]

The Next Transformers Battle

Hasbro, the famous toy maker, has filed a trademark infringement suit against computer maker, Asus over the use of the “Transformer” mark. Asus, the maker of iPad tablet type of computers, unveiled the new “Eee Pad Transformer,” an Android-based tablet that can convert to a notebook via a docking station. Last month, Asus expanded their Read more about The Next Transformers Battle[…]

New Registration for .xxx Domain Names

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is registering a new top-level domain xxx, despite numerous objections from various groups. Some believe that the creation of the .xxx top-level domain (TLD) will effectively create an official internet ‘red-light district’ while others hope that this will help get the pornographic websites off of the Read more about New Registration for .xxx Domain Names[…]

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.

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[…]

Trademark Infringement Litigation using Experts

In trademark infringement cases, it is sometimes helpful to have someone testify about likelihood of confusion. Typically, courts allow a witness with personal knowledge to testify about what they saw or heard. However, some witnesses don’t have personal experience about the facts in a case but they may have specialized information which may be helpful Read more about Trademark Infringement Litigation using Experts[…]

101 Series – Trademark Priority

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 Read more about 101 Series – Trademark Priority[…]

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[…]