Intellectual Property Law
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Patent, Trademark, Copyright, Trade Secret, and other Intellectual Property Law
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Why should trademark owners beware of trademark scams?
Trademark owners, with their marks canceled or abandoned due to trademark scams, should seek out experienced trademark counsel when attempting to re-establish their registration rights.
Why did Tiffany settle with Costco after a long trademark dispute against Costco’s use of the Tiffany name?
Read about how Tiffany & Co. worked to best defend against infringing use of its mark while also protecting against the potential for invalidation of its mark.
How has the increase in streaming services impacted the U.S. trademark office?
Read about the extended wait time for examination of U.S. trademark applications due to a surge in filings in 2021.
Why did the FTC’s decision for bringing antitrust suits against 1-800 Contacts get overturned?
How the Second Circuit overruled an FTC decision against 1-800 Contacts.
Was it IP infringement for Netflix to use the phrase, Tiger King?
The Tiger King saga continues with lawsuits claiming IP infringement. However, judge dismisses claims applying the Rogers test and finding first amendment rights.
How does a trademark become a holiday brand?
Companies spend significant effort in marketing and enforcement, all year long, to create brands that can be considered recognized holiday brands.
What happens with UK trademark protection on January 1, 2021?
EU portfolio owners and trademark counsel should be aware of the changes to UK trademark rights and requirements as the end of the Brexit transition approaches.
What are the US trademark filing fees?
Trademark portfolio owners and trademark counsel should be aware that the USPTO is increasing the trademark filing fees in 2021.
How are trademarks important and should I seek registration for federal protection?
Get answers to the most important trademark questions to ask when considering trademark protection.
What can brand owners do if their trademark use becomes inappropriate due to the pandemic?
Read about KFC’s approach to trademark use, without actual use, while its slogan is temporarily considered inappropriate in the global pandemic.
When is use of competitor trademarks considered trademark in infringement in PPC ads?
Learn about the key elements to plead in a PPC ad trademark infringement case in the Northern District of Texas.
What should the Washington Football Team consider in rebranding?
The Washington D.C. NFL team has made the decision to rebrand and drop the Redskins’ name. Finding a new name to adopt will entail much consideration of public opinion as well as legal options. The team has already gone through a historical saga in maintaining its previous name, so deciding on a new brand name will be interesting to see unfold.
Why should trademark assignments be recorded with the Trademark Office?
The transfer of trademark ownership should not simply end with the signing of an assignment. It is importance for new owners to file a recordation of trademark assignment with the USPTO to both provide notice of the rights to third parties and help prevent issues with third party claims.
Why should trademark license agreements include exit strategies?
Both licensors and licensees should consider inclusion of end of term strategies for trademark license agreements to help avoid unexpected issues when the agreement term ends. While both parties may want different provisions, considering the options and agreeing to terms both parties are comfortable with at the beginning will save grief and legal fees at the end.
What Is Goodwill and Why Should It Be Protected?
When considering the value of trademarks, one must look to the goodwill that has been built behind them. Goodwill is the value consumers associate with the source of specific goods and services. Therefore, in transferring trademark rights, the goodwill of the marks must be included.
What are ways an owner can lose trademark rights?
Two ways to lose trademark rights are through naked licensing and trademark abandonment, which hinge on the proper transfer of goodwill and proper trademark use. However, there are nuances on what is considered goodwill as well as exceptions for non-use.
How can the Booking.com trademark decision affect IP law?
The decision for allowance of Booking.com as a trademark could have an effect on trademark law, enforcement, and the protection of generic terms.