By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged […]
Gerben Law Firm's Trademark Blog
This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.
False DMCA Takedown Notices: Ninth Circuit Holds that Copyright Owners Must Consider Fair Use Before Issuing Take-Down Notices
How to Respond to Descriptiveness Refusal on a Trademark Application
Did your company receive an Office Action refusing your trademark registration based on the grounds that it is “merely descriptive” under Section 2(e)(1) of the Lanham Act? Think carefully before accepting the Examiner’s “descriptiveness” decision.
Amazon Product Listing Hijacked? 4 Ways to Go On the Offensive
Amazon is one of the biggest online marketplaces in the United States. The profit margins on products can often be razor thin as multiple sellers continuously attempt to undercut each other’s prices in order to attract customers. As a result, many Amazon sellers offer their own branded items to differentiate themselves from the competition. Selling […]
3 Reasons to Trademark the Name of Your Construction Management Company
As cities across the U.S. either experience a continued boom or a period of strong, aggressive rebuilding, construction management has moved to the forefront as an industry. Experts in the field are taking hands-on experience to developers, contractors, and other builders to maximize efficiency, quality, and opportunity in the structures they are building. Owners of […]
SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB
So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple […]
Handling Trademark Infringement Claims on Facebook
Facebook Pages form the backbone of one of the most important social media strategies your business can pursue. Pages are Facebook’s name for dedicated business presences on their site – a place where you can provide company details, information, offers, and more, all in the interest of forming a greater connection with your customers and […]
In The News
BREAKING NEWS: Federal Judge Orders the Cancellation of Washington Redskins Federal Trademark Registrations
In a near complete win for the Blackhorse defendants and the United States government, the Eastern District of Virginia granted summary judgement on almost all claims in favor of the defendants and ordered the cancellation of six of the Washington Redskins federal trademark registrations. The Eastern District held that the Redskins marks “may disparage” Native Americans. The […]
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How to Trademark Your Financial Services Business Name
Financial service companies should consider protecting their names and brands. Learn more about financial services trademarks.
Trademark Applicants Who Appeal to District Court Must Pay USPTO Attorney Costs, Fourth Circuit holds in Shammas v. Focarino
There are multiple avenues for an applicant to appeal a Trademark Trial and Appeal decision, but the Fourth Circuit held that applicants who choose to appeal to a District Court must pay the United States Patent and Trademark Office’s attorney’s fees and related expenses. On April 23, 2015, the United States Court of Appeals for […]
What Do Athletes Need to Know About Registering A Trademark?
The world of sports is full of opportunities for trademarks: catchphrases, nicknames, slogans, and so on. Each of these types of words or phrases can become embedded in the consciousness of sports fans, making them prime candidates for merchandising. Those opportunities may bring with them groups of individuals or businesses who wish to try and […]
How to Respond to A Trademark Infringement Notice on eBay
Selling products on eBay can be a very lucrative income source, in fact, many individuals have built entire businesses based around it. The realities of buying and selling online, however, mean that some individuals or businesses may attempt to sell counterfeit or otherwise falsified products bearing the name or logo or a company, even if […]
Why Should You Register A Trademark Internationally? 4 Reasons
One of the most challenging aspects of protecting a trademark in the world today is protecting the trademark internationally. Because there is not a simple way to ‘globally’ register a trademark in every country, a trademark owner must register its trademark rights in each and every individual country where it seeks protection. The following four […]