Category Archives: Trademarks
Apple sues Amazon for trademark infringement
In a complaint filed in Federal District Court on March 18, 2011, Apple has sued Amazon for trademark infringement and unfair competition. Apple is requesting an order from the Court to prevent Amazon from using the “App Store” trademark in … Continue reading
Damages in Trademark Litigation
Trademarks are symbols such as logos and brand names used to identify products and services and are frequently a company’s most valuable asset.. In such a suit, recovery for the harm suffered by the unlawful trademark use can be problematic. … Continue reading
Trademarking Internet Domain Names
Copyright law does not protect domain names, but Trademark law may. Generally, the United States Patent and Trademark Office (USPTO) has tried to apply traditional trademark law to the examination of domain name service mark applications. A domain name qualifies … Continue reading
Fair Use under Trademark Law
A party is entitled to use a trademark in such as way as to describe the qualities that a mark represents as long as the manner of use of the mark is not as a trademark but only used in … Continue reading
Trademark Infringement Litigation
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 … Continue reading
Trademark Use in Commerce
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 … Continue reading
Passing Off under Trademark Law
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 … Continue reading
Trade Dress Protections
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 … Continue reading
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 … Continue reading
Trademark 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 … Continue reading