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 […]
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 […]
UPDATE (04/3/2017): The Trademark Trial and Appeal Board has sustained the Kardashian’s Notice of Opposition after Blac Chyna failed to respond to the pleading. In the Notice of Default Judgement, the TTAB held: On January 20, 2017, the Board issued a notice of default to Applicant because no answer had been filed. No response to the notice of default has been filed. […]
In 2017, Las Vegas will launch their first-ever National Hockey League team, bringing professional hockey to Sin City. However, the team’s chosen name, the Las Vegas Golden Knights, is already on thin ice. The team’s trademark applications were denied based on pre-existing registered trademarks containing the words GOLDEN KNIGHTS. In July 2016, ESPN reported that owner Bill Foley was having trouble […]
As a business owner in today’s world it is likely that you are, at least, tangentially, in business internationally. That’s because you almost certainly have a website for your business, and that website theoretically gives the entire connected world access to your business, products, and services. While the opportunities of the online marketplace are certainly compelling, when you look through the spectrum […]
The Supreme Court recently granted cert (meaning that they agreed to hear arguments) in Lee v. Tam, a case challenging the United States Patent and Trademark Office’s ban on the registration of ‘disparaging’ trademarks. The Supreme Court will hear arguments on this issue, but denied the request of the owners of the Washington Redskins’ trademarks for their pending appeal to […]
By: Eric Perrott, Esq. Amazon can be a cut-throat marketplace where winners and losers are decided by razor-thin margins. Amazon retailers battle each other selling well-known brands’, trying to find a lead on a supplier that can offer them better prices in order to undercut a competitor selling those same branded products. Often sellers wish they could just have a listing […]
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 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, […]
As the holiday season approaches, sellers on Amazon.com are preparing for the huge wave of online sales that will likely make up a significant percentage of total sales for the entire year. Tis’ the season, however, for unscrupulous infringers to steal a successful seller’s trademarks and copyrighted works in order to cash in on that seller’s success. It is always […]
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 infringer’s use is a “fair use” […]
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? Read the article below carefully before accepting the Examiner’s “descriptiveness” decision. Everyone wants their trademark to be a strong and unique mark, like KODAK, APPLE or NIKE, but product might ultimately fail if […]