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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...
Voluntary Cessation and Loss of Standing

Voluntary Cessation and Loss of Standing

Voluntary Cessation and Loss of Standing Voluntary Cessation Case – Competitors should not be able to use trademark lawsuits as offensive weapons.  This was...
Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery

Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery

Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery Imitation is the sincerest form of flattery.  Good artists borrow; great artists steal. ...
Trade Dress Rights - Beyond Words & Logos

Trade Dress Rights – Beyond Words & Logos

Trade Dress Rights – Beyond Words & Logos Trade Dress Rights – Trade dress is a form of intellectual property. Trade dress is the...
Supplemental Register & Your Descriptive Mark

Supplemental Register & Descriptive Mark

Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every...
Degree of Protection & The Spectrum of Distinctiveness

Degree of Protection & Spectrum of Distinctiveness

Degree of Protection & Spectrum of Distinctiveness Degree of Protection & Spectrum of Distinctiveness – So, you’ve got a mark in mind that you...
Federal Trademark Registration Benefits

Federal Trademark Registration Benefits

Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even...
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