Tag Archives: trademark protection

The Next Transformers Battle

Hasbro, the famous toy maker, has filed a trademark infringement suit against computer maker, Asus over the use of the “Transformer” mark. Asus, the maker of iPad tablet type of computers, unveiled the new “Eee Pad Transformer,” an Android-based tablet … Continue reading

Posted in Newsletter | Tagged , , , , , , , | Comments Off

New Registration for .xxx Domain Names

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is registering a new top-level domain xxx, despite numerous objections from various groups. Some believe that the creation of the .xxx top-level domain (TLD) will effectively create an official internet ‘red-light … Continue reading

Posted in Newsletter | Tagged , , , , , , , | Comments Off

Charlie Sheen Trademarks

Charlie Sheen has recently filed 22 Trademark Applications related to many of his catchphrases, including “Duh, Winning” and “Tiger Blood,” according to reports.

Posted in Trademarks, United States Patent Office, USPTO | Tagged , , , , , , , | Comments Off

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

Posted in Trademarks | Tagged , , , , , , , , | Leave a comment

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

Posted in Litigation, Trademarks | Tagged , , , , , , | Comments Off

January 2010

Novelty Requirement of Patentable Inventions Under the U.S. Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of … Continue reading

Posted in Newsletter | Tagged , , , , , | Comments Off

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

Posted in Attorneys, Intellectual Property, Trademarks, United States Patent Office | Tagged , , , , , | Leave a comment

Trademark Priority Rights

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 … Continue reading

Posted in Attorneys, Intellectual Property, Trade Secret, United States Patent Office, USPTO | Tagged , , , , , | Leave a comment

Protecting Trade Secrets

The Economic Espionage Act of 1996 (EEA) provided a broader definition of what constitutes a “trade secret” and what constitutes trade secret theft, effectively replacing the 1948 Trade Secrets Act, which was limited to prosecution of federal employees. The EEA … Continue reading

Posted in Application, Attorneys, Examination, Intellectual Property, Patents, United States Patent Office, USPTO | Tagged , , , , , , , | Leave a comment

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

Posted in Attorneys, Intellectual Property, Trademarks, United States Patent Office, USPTO | Tagged , , , , , | Leave a comment