Author Archives: Eric Misterovich

Trademark applicants often receive office actions denying their applications for trademark registration under Section 2(e)(1) of the Lanham Act. Under this section, an application for trademark registration can be denied on the basis that the mark “when used on or in connection with the goods of the applicant is merely descriptive… of them.” Merely descriptive […]

If you have received notice from your Internet service provider concerning a copyright infringement case filed against you by Countryman Nevada, LLC, you are not alone. Countryman Nevada, LLC has filed numerous John Doe copyright infringement lawsuits in the Western District of Michigan and the Northern District of Illinois over purported infringement of the movie […]

  No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it– (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, […]

  The Michigan Invests Locally Exemption (MILE), gives Michigan businesses and investors an opportunity not available on the federal level: the ability to raise capital by selling equity online. This democratization of funding can cause a fundamental shift in how businesses raise money. But, as with any type of investment, taking other people’s money brings […]

Revision Legal is hiring a paralegal. Specifically, we are looking for an intelligent and self-motivated individual who will provide our attorneys with high quality substantive and procedural legal and administrative work.   Revision Legal is an international intellectual property and business law firm. We help large and small businesses produce value for their clients. We […]

Clients often ask us whether they should file an intent to use trademark application or whether they should simply wait until they have used their trademark in commerce before filing a trademark application. Section 1(b) of the Lanham Act allows a person to file a trademark application prior to using the mark in commerce. In […]

Recently, the Federal Trade Commission (“FTC”) has started investigating tech companies whom they suspect are violating the Children’s Online Privacy Protection Act (“COPPA”). COPPA, a federal law, imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that […]

Communities with a cohesive tourism brand are able to broadcast a consistent message about their region, businesses, and natural wonders to lure visitor dollars into its area. This task often falls on regional or local tourism nonprofits and organizations. Trademark law provides a method for these organizations to foster a consistent brand message: the certification […]

Discussed here, a certification mark can be a valuable tool for regional nonprofits and quasi-governmental agencies to build brand awareness. This post focuses on some of the more technical aspects of obtaining and owning a certification mark. Owners of certified marks have five main obligations to ensure approval and continued registration of their certification mark. […]

The Trademark Trial and Appeal Board (“Board”) has jurisdiction over four types of inter partes (“between the parties”) proceedings: oppositions, cancellations, interferences, and concurrent use proceedings.   If a party believes that he/she will be damaged by the registration of a mark, they can file an opposition. An opposition is a proceeding in which the […]