Category Archives: Trademark News

In the name of Santa Claus

It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving.  With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa.  I … Continue reading

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Intellectual Property: the Types, the Benefits, and How We Can Help

In the modern world, intellectual property protection is becoming ever more important.  We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple.  Most often, these articles jump right into the details … Continue reading

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Samsung guilty of willful Patent Infringement, owes a billion to Apple

As news about the recent verdict in Apple’s patent infringement suit against Samsung makes the rounds on the internet, we thought it would helpful to provide a little insight. However, for those who are interested the amended verdict is available … Continue reading

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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

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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

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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

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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

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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

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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

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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

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