The Basics, Trademark Infringement

SCAM ALERT: Trademark Infringement Complaints Regarding Your Domain

This is a potential threat alert. If you have received an email about intellectual property disputes regarding your domain name, you may be the target of a malicious e-mail. Our office has received several e-mails from multiple client’s in the past 24-48 hours which look as follows: We have received Trademark infringement complaints regarding your domain xyz.com Please review attached […]

The Basics, Trademark Protection

Registering Your Domain Name Does Not Protect Your Trademark

This article deals with domain name registration and “use in commerce” requirements, generally. It is not legal advice on your individual situation and may not be relied on as legal advice. Each situation will be fact-specific and there is no one-size-fits-all advice. Contact an attorney to discuss your specific trademark. In today’s digital age, most prospective business owners want an easy-to-remember-domain […]

The Basics, Trademark Filing

Odd and Offbeat Trademark Filings

Almost anything can act as a trademark. A sound, a smell, even a motion. Anything that is capable of distinguishing a distinct source of a product or service can be registered as a trademark.  With this being the case, there are some pretty odd and peculiar trademark applications that get filed with the United States Patent and Trademark Office. Here are […]

Copyrights, In The News, Sports, The Basics

Supreme Court: Copyright Protection Extends to Uniform Designs

One day, while browsing through a competitor’s marketing catalog, a manufacturer of cheerleading uniforms came across cheerleading uniforms that were very similar to the company’s designs. This is how a dispute between two cheerleading uniform companies started, a case that went all the way to the Supreme Court and could have drastic implications in many creative industries. The Initial Question: Are […]

Athletics, In The News, Industries, Sports, The Basics, Trademark Protection

NCAA Increasingly Protective over MARCH MADNESS® Trademark

When you hear “March Madness,” it can only mean one thing: the National Collegiate Athletic Association (“NCAA”) National Championship Tournament. From its humble beginnings to its widely-known usage today, the NCAA’s March Madness® trademark represents a valuable asset that the NCAA fiercely protects. In fact, over 85% of the NCAA’s yearly budget comes from the advertising and marketing of its three-week […]

The Basics, Trademark Ownership

Correctable and Incorrectable Errors in Trademark Ownership

These materials were originally presented by Eric Perrott to the American Bar Associations’s Committee on USPTO Operations Relating to the Trademarks and Ex Parte Trademark Practice as a part of their “brown bag” trademark discussions. As trademark attorneys, we have all needed to sift through complicated ownership structures to attempt to figure out exactly who is the correct owner of […]

The Basics

Trademark Oppositions: Extensions of Time to Oppose Explained

Have you received a notice that someone has filed for an extension of time to oppose your trademark application with the Trademark Trial Appeal Board? You may be thinking: What does this mean?Am I getting sued?What are the next steps?Didn’t My Trademark Application Already Get Approved by the Government?Am I still going to get my trademark registration? Receiving a notice […]

The Basics

USPTO Trademark Office Action Responses: Section 2(d) Refusal

If you applied to register your trademark, you may receive a notice in your e-mail inbox that looks like this: UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 00/00/2016 FOR U.S. APPLICATION SERIAL NO.0000000 Please follow the instructions below: (1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov/, enter the […]

The Basics

Trademark Office Actions: Analyzing a Likelihood of Confusion Refusal

If you have filed a trademark application, there is a chance the United States Patent and Trademark Office may deny your application based on a prior trademark that another person or company registered before you filed your trademark application. This is called a “likelihood of confusion” rejection under Section 2(d) of the Lanham Act, the United States trademark law. This […]

Copyrights, The Basics, Trademark Infringement

On-line Copyright and Trademark Enforcement: Why Registration of Your Intellectual Property is Critical

As many successful online entrepreneurs have found out, with success comes copycats, especially on marketplaces like Etsy, eBay, and Amazon.  With access to platforms that allow anyone to easily set up an on-line store and sell goods, on-line infringement and counter-fitting of trademarks and copyrights has become a rampant problem. The single most effective step that you can take to protect against […]

The Basics, Trademark Filing

Trademark Registration: Company Name vs. Product Name

The benefits of a registered trademark are clear: greater confidence that you aren’t infringing on an existing mark, greater confidence in the strength and validity of your mark, protection against infringement, public notice of your registration, and legal grounds for trademark enforcement, to name a few. “The name of your cleaning service can be a trademark, but so can the […]

Amazon, Industries, The Basics, Trademark Infringement

Amazon Hijacking Enforcement Strategies: Sending a Enforcement/Cease-and Desist Letter to Infringing Sellers

AMAZON LISTING HIJACKING. This term has become known to any Amazon seller who has seen an infringer take over one of its branded listings with counterfeit or otherwise non-branded items.   Often the infringer is undercutting the genuine seller’s prices and selling subpar versions of the product. This is a widespread and frustrating problem on the Amazon marketplace for many sellers, […]

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