The explosive expansion of social media outlets such as Twitter, Facebook, and LinkedIn have given rise to numerous intellectual property issues, including the ownership and value of a “Friend,” “Like” or “Tweet.” A recent case PhoneDog v. Noah Kravitz may address some of these issues. In PhoneDog, a California Court is being asked to determine Read more about Tweets Aren’t Trade Secrets[…]
The White House released a white paper recommending increasing the penalties for intellectual property crimes. The recommendations involve increasing rights and penalties “so as to more effectively address the substantial harm caused by intellectual property crimes.” Recommended changes include: Increase prison term for counterfeit drug distributors; Increase prison terms for theft of trade secrets; Increase Read more about White House Recommends increasing the Criminal Penalties for Intellectual Property[…]
In the United States, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, labeled the senior user, Read more about Trademark Priority Rights[…]
There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods are not based on sufficient facts or data, are not reliable, or are not applied Read more about Trademark Infringement Litigation[…]
In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into Read more about Passing Off under Trademark Law[…]
In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Rights of Priority[…]
In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]
The “(r)” may be used if a trademark is registered with the United States Patent and Trademark Office (USPTO). The “TM” symbol may be used for a product that is not yet registered with the USPTO. The “SM” symbol may be used with a service that is not yet registered with the USPTO. Symbols that Read more about Trademark Law[…]
Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the same function as a trademark or service mark — the identification of goods and services Read more about Trade Dress[…]
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods bearing the trademark Read more about Actual and Intended Use of Trademarks[…]