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
An interesting Electronic Commerce “EC” patent case was recently decided by the Court of Appeals Federal Circuit “CAFC” overturning a patent infringement verdict and vacating a $2.5 M damage jury award. The Plaintiff, Soverain, bought the patents and all rights to the Transact software electronic commerce platform “Transact” in a bankruptcy sale and sought to … More Prior Art Defeats Electronic Commerce Patent Claims
You’re surfing the internet and discover that someone is using your original content without your permission. A popular remedy is to request the web host to “take-down” the infringing material. While there are many euphemisms for using the term takedown, in fact just last week I received a take-down request from my daughter who objected … More Taking Down Infringing Web Content
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
A long-standing precedent is the right not to be compelled to personally answer a lawsuit in a foreign state jurisdiction absent some minimum contacts with the foreign state. States typically enact long-arm statutes to impose personal jurisdiction in situations such as where the defendant is involved in an auto accident or has engaged in a … More Connecticut Email Server Confers Personal Jurisdiction on Ex-Employee
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?
Every day workers leave their jobs, sometimes to join competitors, oftentimes to start firms in direct competition with their former employers. In the course of doing so they are routinely tempted to save proposal documents and other firm collateral for future use. Such materials often contain information of a proprietary nature offering competitive advantages to … More Copyright Protection For Employer’s Proprietary Materials