Counterfeiting costs american businesses billions each year. As a result of increased online shopping, this year there are increased sales of counterfeit merchandise.

How to Protect Goodwill and Good Cheer During the Holidays

Christmas Counterfeiting As a result of Christmas Counterfeiting, a business’s goodwill and its good cheer can go down the drain this holiday season.  This Christmas, counterfeiting is an issue because many of us are purchasing holiday presents online without ever seeing the products or the sellers.  Over 80% of all consumer products were purchased online Read more about How to Protect Goodwill and Good Cheer During the Holidays[…]

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 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[…]

How to Lose Trademark Rights

Loosing Trademark Rights Once a trademark has been established, the rights can continue indefinitely as long as the owner continues to use the mark in commerce. However, there are several common methods of losing a trademark including: Abandonment; Failing to stop others who cause confusion; Genericide Improper licensing of the rights; Improper assignment of the Read more about How to Lose Trademark Rights[…]

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[…]

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[…]

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[…]

Your Intellectual Property Questions Answered

As an Intellectual Property Law firm, we are constantly being asked about the types of intellectual property. Many people know that they want their intellectual property (ie., inventions, ideas, art, writing, etc.) protected, but they are unsure as to what type of intellectual property protection they need. The Intellectual Property Center is here to help. Read more about Your Intellectual Property Questions Answered[…]

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[…]