Category: Trademark

What is Contributory Trademark Infringement?

What is Contributory Trademark Infringement?

Trademarks

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark infringement and unfair competition, but the case will inevitably deal with the legal doctrine of contributory trademark infringement. Facts of […]

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Trademarking a Scent: Hasbro Not Succeeding Yet

Trademarking a Scent: Hasbro Not Succeeding Yet

Trademarks

It was reported back in March 2017 that Hasbro, Inc., submitted an application to trademark the distinctive scent of Play-Doh, the Hasbro-owned toy modeling clay that we all probably remember playing with as children. Hasbro describes Play-Doh’s smell as “a unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight […]

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7 Lessons in Trademarks: Smashburger/In-N-Out Burger Battle Royale

7 Lessons in Trademarks: Smashburger/In-N-Out Burger Battle Royale

Trademarks

According to recent news reports, fast-food hamburger chain, In-N-Out Burger (“In-N-Out”) has filed a federal lawsuit alleging trademark infringement against Smashburger, another fast-food hamburger chain. The trademark fight is over names for various burgers. The case has an interesting history and provides some useful lessons about trademark procedure and law. In-N-Out was founded back in […]

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Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica

Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica

IP

In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.” 17 U.S.C. § 101. For example, the designs for claw or […]

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Trademark Genericide: How To Protect Your Brand

Trademark Genericide: How To Protect Your Brand

Trademark Attorneys

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic, what we call Trademark Genericide. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. By enforcing trademark rights we help protect your trademark. The US Court of Appeals ruled this month that Google still retains […]

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How Coexistence Agreements Work

How Coexistence Agreements Work

Trademarks

In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. For example, the two owners might agree that their respective goods or services will be offered in different geographic areas. A consent agreement is a type of a coexistence agreement that is usually shorter […]

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Do I Need To Trademark Under State Law?

Do I Need To Trademark Under State Law?

Trademarks

Many are familiar with trademark registration under federal law. Some may not know that trademark registration is also available under state laws. In general, registering a trademark under state law is unnecessary, but there are some circumstances in which state trademark registration has value – when federal registration is not allowed and when your trademark […]

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