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ICANN

WIPO / ICANN Adjudication for Domain Name Disputes

WIPO / ICANN Adjudication for Domain Name Disputes WIPO / ICANN Adjudication – After a great deal of hue and cry, the US government...
International Trademark Protection – The Madrid Protocol

Madrid Protocol – International Trademark Protection

International Trademark Protection – The Madrid Protocol The Madrid Protocol – There are multiple ways to protect your brand overseas, but the most commonly...
Trademark Abandonment

Trademark Abandonment

Trademark Abandonment Trademark Abandonment – Under  section 45 of the Lanham Act a mark will be abandoned under certain circumstances: (1) When its use...
Trade Dress – Whiskey Bottle Showdown

Trade Dress – Whiskey Bottle Showdown

Trade Dress – Whiskey Bottle Showdown David Versus Goliath in Whiskey Bottle Showdown Trade Dress Showdown – One of the iconic, uniquely American products...
The Trademark Registration Process Part 3

Trademark Registration Process Part 3

The Trademark Registration Process Part 3 Trademark Registration Process Part 3 – In Trademark Registration Part 2 of the trademark registration process we looked...
Can Government Entity Trademark Insignia?

Can Government Entity Trademark Insignia?

Can Government Entity Trademark Insignia? Government Entity Trademark Their Insignia? – Today we look at an interesting case, In Re City of Houston, before the United...
The Trademark Registration Process Part 2

The Trademark Registration Process Part 2

Registration Process for Trademark Part 2 Registration Process – Part 2 – Once the use in commerce (or intent to use) requirement is satisfied...
The Trademark Registration Process

The Trademark Registration Process – Part 1

The Trademark Registration Process Trademark Registration Process – How does one go about registering a trademark?  What are some of the requirements in order...
Nominative Fair Use - Swarovski Aktiengesellschaft v. Building No. 19

Nominative Fair Use – Swarovski Aktiengesellschaft v. Building No. 19

Swarovski Aktiengesellschaft v. Building No. 19 – Nominative Fair Use Nominative Fair Use – This case highlighted the fact that trademark law is constantly...
Trade Dress – Does it Have to Have Secondary Meaning?

Trade Dress – Does it Have to Have Secondary Meaning?

Trade Dress – Does it Have to Have Secondary Meaning? In a previous post we’ve touched on the idea of trade dress – the packaging...
Titles of Artistic Works – Implications of Dastar

Titles of Artistic Works – Implications of Dastar

Titles of Artistic Works – Implications of Dastar Artistic Works – The United States Court of Appeals for the 7th Circuit recently decided the...
When Terms are Merely Descriptive Part 2

When Terms are Merely Descriptive Part 2

When Terms are Merely Descriptive Part 2 Merely Descriptive Part 2 – Today we continue our discussion of certain interesting topics within the larger...
Attorney’s Fees Under the Lanham Act

Attorneys Fees & Lanham Act

Attorneys Fees Under the Lanham Act Attorneys Fees – Today we look at Aviva USA Corporation v. Vazirani, a case recently heard by the United States...
When are Terms Merely Descriptive? Part I

When are Terms Merely Descriptive? Part I

When are Terms Merely Descriptive? Part I We have previously discussed trademark issues with descriptive terms.  To recap, terms that are merely descriptive receive the...
When is it Ok to Use Another’s Artwork?

When is it Ok to Use Another’s Artwork?

When is it Ok to Use Another’s Artwork? Use Another’s Artwork? – Today we take a look at the case of Seltzer v. Green...
Fair Use - Descriptive Marks

Fair Use – Descriptive Marks

Fair Use of Descriptive Marks Fair Use – Today we take a look at the fair use defense to allegations of trademark infringement.  Beware!  The...
Preliminary Injunctions - Trademark Infringement

Preliminary Injunctions – Trademark Infringement

Preliminary Injunctions for Trademark Infringement Preliminary Injunctions – When you accuse someone of infringing your valuable trademark, what actually happens?  In American Rena International Corp...
Secondary Meaning

Secondary Meaning

Secondary Meaning – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act...
Supplemental Register & Your Descriptive Mark

Trademark Trial Appeal Board & Infringement Lawsuits

Trademark Trial Appeal Board & Infringement Lawsuits Trademark Trial Appeal Board (TTAB) – In B&B Hardware v. Hargis Industries the United States Court of Appeals for...
Three Intellectual Property Protections

Three Intellectual Property Protections

Three Intellectual Property Protections – Navigating Different IP Protections Three Intellectual Property Protections – You now have a business and with it, a whole...
Genericide: How Success May Cancel Trademark

Genericide: How Success May Cancel Trademark

Genericide: How Success May Cancel A Trademark Genericide Discussion – What do the terms “Thermos,” “Aspirin,” and “Yo-Yo” have in common?  They are all...
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