Trademark Registration & Litigation Archives

What's in a Name?

March 12th, 2024

Last week, the president of Rochester University (a private school located in Rochester, Michigan) announced that the school has changed its name to Rochester Christian University as part of a settlement with the University of Rochester. The settleme… Read More

Is It All in Good Fun?

June 14th, 2022

In trademark law, the likelihood of confusion between two marks is one of the most common reasons for trouble. But there is an exception to every rule, and attorneys in a recent case involving a crude knock-off of the Patagonia brand are seeking to u… Read More

The Importance of Being First

July 7th, 2021

Brazilian race car driver, Ayrton Senna, famously said, “Being second is to be the first of the ones to lose.” While that philosophy may not be the truth of life, it is often the truth of trademark law – a lesson learned recently by the Was… Read More

Staying Positive

October 13th, 2020

I recently attended an interesting webinar on the topic of trademark law in the world of the internet. I had the pleasure of learning about IP Enforcement Plans, the Communication Decency Act, the Stored Communications Act, and a host of other topics… Read More

Engaged in Counterfeiting

February 4th, 2020

Trademark law often draws public interest because it involves familiar brands that we all use on a daily basis. And an important New York case, now on its way to the Federal Court of Appeals, involves a couple of big ones: Tiffany & Co. vs. Costc… Read More

Trademark Troublemakers

November 12th, 2019

The information you submit to the United States Patent and Trademark Office (USPTO) during the trademark registration process is public record and will eventually become accessible to anyone who seeks it out. This can include your contact information… Read More

No Contest (USPTO Style)

August 20th, 2019

While most people realize that they need to file trademark maintenance documents after the fifth year of registration, many fail to take advantage of the opportunity at that time to gain heightened protection for their mark by having the mark acknowl… Read More

Protection for Less

July 9th, 2019

Registration of a trademark with the United States Patent and Trademark Office is the best and preferred method of trademark protection because it grants nationwide, prioritized ownership rights. But the costs associated with the application process… Read More

The Other Register

April 2nd, 2019

“Descriptiveness” is one of the most often cited reasons for refusal of a trademark application. A trademark must identify the source of the product, rather than just describe it, in order to be registered with the United States Patent and Tradem… Read More

The Name Game

February 20th, 2018

When creating a corporation, many business owners have a preference for using their own surname as the company name. It’s a source of pride and also helps any existing customers identify the goods and services they sell as specific to them. And bes… Read More