Author Archives: Eric Misterovich

Revision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademark GUPPIE and several large companies […]

Are you applying for a trademark in the United States? The United States Patent and Trademark Office (hereinafter USPTO) has a disclaimer requirement. According to 15 U.S.C. §1052(e)(1), trademark registration shall be refused if it “[c]onsists of a mark which when used on or in connection with the goods of the applicant is merely descriptive […]

  As mentioned in Trademark Licensing, a trademark owner may permit another to use his or her trademark through a trademark license agreement for a period of time set out in the agreement between the licensor and the licensee. What is a Trademark License? First, we will start out with the basics. According to the […]

Infinite duration is one of several benefits of owning a trademark; however, a trademark may be lost or abandoned. According to the International Trademark Association, a trademark can be lost through action or inaction of the trademark owner. “The most common way to lose rights in a mark is to stop using the mark with […]

There are three types of intellectual property. They include: (1) trademark; (2) patent; and (3) copyright law. As discussed in Trade Dress Protection, “[a] trademark is a mechanism for identifying the source of a good or service and a technique for providing marketing advantages for the owner of the trademark.” Moreover, while a patent protects […]

A trademark is a mechanism for identifying the source of a good or service and a technique for providing marketing advantages for the owner of the trademark. See Trade Dress Protection. According to the United States Patent and Trademark Office (hereinafter USPTO), it is “any word, name, symbol, or device, or any combination thereof, other […]

  You may be wondering who owns the copyright of original works of authorship when they are developed during the scope of employment. The key issue in a circumstance such as this is whether the work was done as an independent contractor or as a work made for hire. Recently, this issue is being addressed […]

  The video game industry is a global industry, and it is worth $65 billion in the United States (hereinafter U.S.). It is made up of cutting edge technology, creative engineering, and imaginative character and setting designs. The World of Intellectual Property Magazine (hereinafter WIPO Magazine) reports that video games are “the fastest growing sector […]

If you’ve been through the first, second, and third elements of a UDRP complaint, and you have argued laches as a defense, but have now lost your domain name to a complainant, here is what you can do. A UDRP panel is not always the final decision. You may choose to take your case before […]

Before 2013, a UDRP case had never been decided solely on laches. That is, until Laminex, Inc. v. Yan Smith, a case involving a domain dispute over theidshop.com, in which panel did not even consider the case on the merits. What is Laches?   Laches is a concept from the law of equity. The laches […]