Posts in Trademark


Land O’ Lakes – No Harm, No Foul

Addressing the issue of whether a famous mark can be diluted by the identical mark of a much smaller company, the US Court of Appeals for the …
By Margaret Duncan 12 days ago 0

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of …
By Yuliia Matsiuk 22 days ago 0

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann 29 days ago 1

Contract considerations for an international license agreement

As the world continues to grow and international trade on a multi-continent level has become the norm, protecting a company’s name is one of the most …
By Cal Evans 30 days ago 0

Federal Circuit rules willfulness a prerequisite for disgorgement of trademark infringer’s profits

The Federal Circuit affirmed. Undertaking an extensive analysis of the legislative history of Lanham Act damages, the Court attempted to explain a 1999 amendment inserting language regarding willfulness. …

Social Media and the Rise of Opportunistic #Trademark Filings

Last June, Walter Palmer, an American dentist and recreational big game hunter, shot and killed Cecil, a southwest African lion who had been the subject of a …
By Brian Focarino 1 month ago 1

Forum non conveniens not appropriate because foreign courts cannot adjudicate US infringement

Halo sued Comptoir for infringing a large number of U.S. design patents, copyrights, and one common-law trademark relating to a number of Halo’s furniture designs. …

Understanding the eBay VeRO Program

Collectors love eBay because it allows them access to items them may never otherwise be able to purchase. Bargain hunters love eBay for the ability to buy …
By Heather Antoine 2 months ago 0

An Awareness Crusade Against the Online Piracy of Books

According to the Association of American Publishers, the publishing industry as a whole has lost $80 to $100 million dollars to online piracy annually. From 2009 to 2013, the number of …
By Rhonda Rees 3 months ago 11

Chamber of Commerce index on IP environment shows U.S. leading the globe

The report noted key areas of strength for the American IP environment, including effective trade secret protection, commitment to international treaties, mechanisms for pharmaceutical-related patent and generally …
By Steve Brachmann 3 months ago 0

Pumping the Brakes on IP Infringement in the Fast Moving Consumer Goods Industry

With leading-edge, tech-savvy companies in the internet, social networking, and e-retailing space often dominating headlines nationwide, it is easy to overlook the myriad businesses competing in the …

Talking Trademarks: An Exclusive Interview with INTA’s Debbie Cohn

What follows is our wide ranging discussion, which start out with what Cohn is doing with INTA and then moves into an in depth discussion of issues …
By Gene Quinn 4 months ago 0

Statute Barring Registration of Disparaging Trademarks Upended

Tam appealed to the Trademark Trial and Appeal Board (the “Board”), but the Board affirmed the Trademark Examiner’s refusal to register the mark. The Board found …

Counterfeit Star Wars Products May Well Be Funding The Real World’s Dark Side

Counterfeiting has exploded in the last decade or so, paralleling the growth of the Internet and online sales. It’s harder for counterfeiters to get their products …
By Andrew Brodsky 4 months ago 0