Category

Trademarks
A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant?Real World Trademark Cases Involving How Can You Proctect Your Plant IP Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have...
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Trademark Modernization Act of 2020: Increasing Protective Measures What’s in this article… Fighting Fraudulent Applications Through The Trademark Modernization Act of 2020The Trademark Modernization Act of 2020 Strenghtens Legitimate Trademark The Trademark Modernization Act of 2020 Could Shorten Dealines The COVID-19 pandemic has brought about significant changes across our lives, including—believe it or not—in the...
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No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury What’s in this article… No Damages, No Case?Proving Loss Of Profits As Loss Of Good Will Can Also Qualify As Damages In a highly competitive marketplace, established companies sometimes use a variety of means to suppress emerging companies and its branding that may or may not...
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What are “Brand Bullies”? On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a trademark bully, a brand bully is a company that resorts to litigation and uses its trademark rights to harass and intimidate another business without a sound legal basis. These companies...
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Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual property rights? A common and growing occurrence comes when one takes an attribute of a famous athlete (like a number), puts it with that athlete’s team color scheme, and the next...
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SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....
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Trademark Ornamental Refusals - What to Consider
Trademark Ornamental Refusals – What to Consider Sometimes, the USPTO will issue eccentric and unusual refusals to a trademark application. One such refusal is called an ornamental refusal. If you receive a trademark ornamental refusals, it means your registration of your applied-for mark has been refused because your mark is essentially merely decorative. That is,...
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Renewing Your Trademark
Renewing Your Trademark-Excusable Non-Use Renewing Your Trademark – Even after you have successfully registered a mark with the US Patent and Trademark Office, you are not done in ensuring your mark stays registered and protected. Your trademark application must be renewed 5-6 years after your first registration in order to maintain that registration. You must...
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The Deceptively Misdescriptiveness Rejection
The ‘Deceptively Misdescriptiveness’ Rejection Deceptively Misdescriptiveness – There are many reasons your trademark application may be denied. One of the more unique reasons is something called “deceptively misdescriptiveness.” Your first question is probably “what does that even mean?” A mark is considered deceptively misdescriptive if it describes an ingredient, quality, characteristic, function, or feature of...
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USPTO - Primarily Merely a Surname Rejection
The Primarily Merely a Surname Rejection Primarily Merely a Surname – You’ve submitted a trademark application and after many months, you finally receive news from the USPTO—but it’s an Office Action. There are several reasons you may receive a rejection from the USPTO for a trademark application, the most popular one being a Section 2d—“likelihood...
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Recent Articles

Repost
Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content
October 4, 2021
The Accidental Franchise
The Accidental Franchise: Trademark Licensing and the Dangers of Overreach
September 6, 2021
Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
April 26, 2021