Oftentimes there is a legitimate reason to use the registered mark of another. In the case of resellers, repair services, and after-market parts suppliers, where a use of the registered mark is required to describe your own goods or services in a manner that is not misleading or confusing as to source, such may be … More Non-Infringing Trademark Use
The saying used to be during my time at Andersen, then a Big 5 Global Professional Services firm, that the most valuable assets walked out the door every evening. With companies transitioning to our service economy at warp speed, this truism has never been more pervasive. Given the threats from a variety of sources including … More Social Media Data: The New Frontier
Clients often are concerned, and rightly so, about disclosing their ideas, plans, business models, etc. to potential partners and investors. Oftentimes I’m asked to prepare, or more often download one of the many forms online, a non-disclosure agreement “NDA.” This agreement usually sets forth various terms with regard to the use of any information or … More Non-Disclosure Agreement: So What’s The Point?
Recent refusal of the USPTO, upheld by the Trademark Trial and Appeal Board “TTAB” and affirmed by Court of Appeals Federal Circuit “CAFC”, to register a mark branding a rooster lollipop suggests that an arcane bit of trademark law still holds sway. Ms. Fox sought a two word trademark consisting of the common slang term … More Immoral, Scandalous and Deceptive Marks Refused TM Registration
Nike, Inc. sued Already LLC, a competing shoe manufacturer for trademark infringement of its Airforce 1 shoe design and Already filed a counterclaim for cancellation of Nike’s trademark. Nike subsequently executed a covenant not to sue Already, and affiliates, for its existing shoe designs and those planned for the future based upon any “colorable imitation” … More Supreme Court Rules For Nike in TM Dispute
Clients select a name, logo, or other brand identifier for trademark registration in order to build and preserve value. While securing the trademark is critical for building a brand, the primary purpose of trademark law is to prevent consumer confusion in the marketplace. Enforcement for trademark infringement purposes requires a likelihood of confusion caused by … More Trademark Requires Use in Commerce
This year brought library e-books. Imagine enjoying reading without worn discolored pages and coffee stains. Reserving and downloading books from any location had made e-reading easily accessible to anyone carrying a mobile device. Enjoying the New York Times, The Week Magazine and finishing a library book with the push of a button, tap of the … More Digital Rights Management 2012 Review
Yes, it has come to this. Social media account disputes. Employers, employees and independent contractors rely on these accounts to establish network connections and to promote business opportunities. Guidelines, terms and conditions at sign-up aside, the turf war pits these formerly non-competing parties at the end of employment or upon termination of their business relationship. … More Who Owns Your Social Media Account?
In a previous blog, Beware Using Historic Symbol as Trademark, we discussed branding considerations applied to use of well-known symbols such as the Texas Star in your logo for goods and services. As the palette of colors is limited and even subjective by nature, there is even less opportunity to claim a trademark for a … More Color as a Trademark?
In lawsuits involving Intellectual Property, particularly copyright and trademark infringements, lawyers for the infringing party typically raise the equitable defense of laches. Laches involves the right’s owner having knowledge of the infringement and doing nothing to protect its interests. In copyright for the owner, with full notice of an intended infringement to stand inactive while … More Ancient Doctrine of Laches Affirmed in 9th Circuit Copyright Case
William Tennant 
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