Oftentimes my clients express confusion as to what exactly a trademark does or does not do for them in business. As defined by statute, a trademark includes any word, name, symbol, or device, or any combination thereof (1) used by a person, or (2) which a person has a bona fide intention to use in commerce….to identify and … More Five Reasons Trademark Law Can Be Confusing
An interesting 1st Circuit opinion extended a hotel’s common law trademark into territory encroaching upon an incontestable junior registered mark of a competing hotel. In the case of Dorpan, S.L. v. Hotel Melià, Inc., Dorpan, a European hotel chain using the brand, Sol Melia, as a registered trademark faced off with the Hotel Melia “HMI” located … More Extending Use Under Trademark Law
A long simmering feud between Authors and Google resulting from its library scanning project was resolved when the US District Court in New York decided in Google’s favor dismissing the authors’ lawsuit. The scanning involved whole materials, but only made snippets available to the public through Google search. The Court found this mechanism to be … More Google Scans Win Court Approval
Trademark law allows for filing an application for federal registration of a mark based on a good faith intent to use the mark in commerce. After examination by the USPTO, a Notice of Allowance is issued. The applicant then has an initial 6 month period in which to file a Statement of Use attesting to … More Trademark Intent to Use
The criminal defendant was charged with making a threat by posting a communication on the Internet, Craig’s List, in violation of Title 18, United States Code, Section 875(c). After the District Court overruled Defendant’s Motion to Dismiss, Defendant plead guilty subject to the appeal of his Motion. The statement communicated by the Defendant, published on … More CyberLaw: Internet Threat?
In the recent IRS vs. Worldcom decision, the Court of Appeals Second Circuit reversed the denial of a $38 Million communications excise tax the IRS previously collected. In Worldcom’s bankruptcy proceeding, the IRS had been ordered to refund the excise tax to Worldcom’s bankruptcy estate. The issue for the Court of Appeals: Whether Worldcom’s purchase … More Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax
The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F