Is It All in Good Fun?

Is It All in Good Fun?

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
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The Importance of Being F…

The Importance of Being First

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
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Staying Positive

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
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Engaged in Counterfeiting

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
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Trademark Troublemakers

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
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No Contest (USPTO Style)

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
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Protection for Less

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
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The Other Register

“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
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The Name Game

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
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Don’t Miss the Mark

One of the most common legal questions I am asked by clients and friends is, “How do I get a trademark?” This week, I’d like to share the abridged answer with you. Any time you use a word, phrase, symbol or design that you originated, you have… Read More
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