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[…]

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[…]

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[…]

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[…]

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[…]