Trademark Intent to Use

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

CyberLaw: Internet Threat?

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?

Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax

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

S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

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