By Todd R. Hambidge on Posted in TrademarkThe Trademark Trial and Appeal Board’s (“TTAB”) recent ruling in Otter Products LLC v. BaseOneLabs LLC held that in determining a likelihood of confusion between trademarks, the significance of a registration on the Supplemental Register differs depending on whether the registered mark is being cited by a trademark examiner (during trademark prosecution) or by the … Continue Reading
By Todd R. Hambidge on Posted in International,TrademarkOn February 19, 2013, Mexico will become the 89th member of the Madrid Protocol, streamlining the trademark registration process for U.S. trademark owners and others seeking trademark protection in Mexico. To date, trademark protection in Mexico (as with other non-Madrid Protocol countries, such as Canada) requires the use of local counsel to prosecute trademark applications. … Continue Reading
By Laura Merritt on Posted in International,TrademarkThere are a number of intellectual property myths that attorneys hear over and over again. Periodically, we’ll feature some of these myths and examine the reality. Myth: Because my company sells only in the United States, we don’t need to worry about protecting our trademarks internationally. Reality: Although trademark rights are territorial in nature, in … Continue Reading
By Todd R. Hambidge on Posted in TrademarkAlthough they may go largely unnoticed by many trademark applicants, new and updated identifications and classifications published by the USPTO on January 1, 2013 will affect how applicants in particular industries identify and classify their goods and services. The changes in the USPTO’s Identification Manual reflect those found in the Tenth Edition of the Nice Classification … Continue Reading
By Laura Merritt on Posted in TrademarkThere are a number of intellectual property myths that attorneys hear over and over again. Periodically, we’ll feature some of these myths and expose the reality. Myth: Once I have a trademark registration, my brand is protected. Reality: A trademark registration is a tool to enforce trademark rights. It does not self-execute to prevent others … Continue Reading
By Waller IP Team on Posted in First Amendment,News and Announcements,TrademarkToday’s Hollywood Reporter features Waller’s successful defense of The Weinstein Company, LLC, Metro-Goldwyn-Mayer Studios, Inc., Genius Products, LLC, and Concord Music Group, Inc. in an article entitled “How the Weinsteins Beat ‘Soul Man’ Singer Sam Moore in an Important Lawsuit.&#… Continue Reading
By Keith Randall on Posted in TrademarkActivision Blizzard, Inc., maker of the successful “Call of Duty” gaming franchise, recently found itself the subject of a trademark infringement lawsuit alleging infringement of NovaLogic Inc.’s “Delta Force” marks. The complaint, filed in California federal court, alleges that Activision’s “Call of Duty Modern Warfare 3” incorporates NovaLogic Inc.’s registered trademarks for “Delta Force” and … Continue Reading
By Waller IP Team on Posted in Entertainment,First Amendment,News and Announcements,TrademarkWaller is pleased to report a win in the case Moore v. The Weinstein Company, LLC, et al. Yesterday, a federal judge granted summary judgment to The Weinstein Company, LLC, Metro-Goldwyn-Mayer Studios, Inc., Genius Products, LLC, and Concord Music Group, Inc. in a trademark, publicity and false light lawsuit filed by soul singer Sam Moore … Continue Reading
By Laura Merritt on Posted in TrademarkThere are a number of intellectual property myths that attorneys hear over and over again. Periodically, we’ll feature some of these myths and expose the reality. Myth: My company has a trademark registration so our brand name doesn’t infringe on anyone else’s rights. Reality: When the U.S. Patent and Trademark Office examines a trademark application, … Continue Reading
By Mark J. Plotkin on Posted in Franchise,TrademarkAll too often, trademark licensors offer the use of their mark along with other intangibles without considering if the trademark license is actually an “unintended” offer of a sale of a franchise. Such action can be highly problematic because the offer and sale of franchises in the United States is highly regulated under both federal … Continue Reading
By Laura Merritt on Posted in TrademarkThere are a number of intellectual property myths that attorneys hear over and over again. Periodically, we’ll feature some of these myths and expose the reality. Myth: My company can use a certain name for our business or product because we searched the internet and no one else has the same name. Reality: Trademark infringement can … Continue Reading
By Emily J. Zibart on Posted in Internet,TrademarkAs may readers may be aware, the new .XXX top level domain (TLD) is set to launch this December. It is intended that this top level domain will be used exclusively by responsible members of the adult entertainment industry. Many trademark owners are rightfully concerned regarding the prospects of typo-squatting and trademark infringement in this … Continue Reading
By Laura Merritt on Posted in TrademarkThe United States Patent and Trademark Office recently released a new edition of the Trademark Manual of Examining Procedure (the “Manual”). The 8th edition, released on October 15, is available for download from the USPTO. Some highlights of the 8th edition include the following: The description of a color claimed as part of a trademark … Continue Reading
By Waller IP Team on Posted in TrademarkRobert P. Felber, Jr. recently reported on a decision by the Trademark Trial and Appeal Board (“TTAB”), which was included in the August 1, 2011 edition of the INTA Bulletin, published by the International Trademark Association. The article, entitled ”Bother! Disney’s Rights in WINNIE THE POOH Marks Challenged,” can be found here. … Continue Reading
By Waller IP Team on Posted in TrademarkRobert P. Felber, Jr. recently reported on a decision by the Court of Appeals for the Federal Circuit, which was included in the July 15, 2011 edition of the INTA Bulletin, published by the International Trademark Association. The article, entitled ”Bank Couldn’t Bank on Reversal at Federal Circuit,” can be found here. … Continue Reading
By Justin F. McNaughton on Posted in TrademarkRecently, I have been watching the storm (read as incredible waste of resources) being poured into the various battles over the term “APP STORE” or “APPSTORE.” Over the last few months, Amazon.com and Apple have been embroiled in litigation with Apple claiming that it has the exclusive right to use the term “APP STORE” in … Continue Reading
By Waller IP Team on Posted in TrademarkRobert P. Felber, Jr. recently reported on a Trademark Trial and Appeal Board (“TTAB”) decision, which was included in the May 1, 2011 edition of the INTA Bulletin, published by the International Trademark Association. The article, entitled “Cancellation Claims Precluded as Res Judicata,” can be found here… Continue Reading
