Swarovski Aktiengesellschaft v. Building No. 19 – Nominative Fair Use Nominative Fair Use – This case highlighted the fact that trademark law is constantly...
When Terms are Merely Descriptive Part 2 Merely Descriptive Part 2 – Today we continue our discussion of certain interesting topics within the larger...
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...
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 – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act...
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 – Navigating Different IP Protections Three Intellectual Property Protections – You now have a business and with it, a whole...
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 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 Imitation is the sincerest form of flattery. Good artists borrow; great artists steal. ...
Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every...
Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even...
