Category: Trademark

 As mentioned in our post on Trade Dress Protection, to prove trade dress infringement or assert unfair competition, the plaintiff must show: the inherent distinctiveness or secondary meaning of its trade dress, the essential nonfunctionality of its trade dress, and the likelihood of customer confusion as to its origin, sponsorship, or approval due to similarity […]

Historically, trade dress protection has been afforded to the packaging and labeling of goods, but recently, courts are extending trade dress protection to the “look and feel” websites. Continue reading for a summary of trade dress protection of a website. Material Under Copyright Protection Precludes Consideration as “Look and Feel” of Site The “look and […]

Product colors, labels and packaging often catch the eye of consumers. Businesses work very hard to ensure that consumers recognize their products, because not only will they purchase a product that is aesthetically pleasing, but also brand mark that they trust.  So how can business owners protect their mark and the physical appearance of their […]

Now that you are an owner of a registered trademark with the United States Patent and Trademark Office, there are few things you should know about how to best protect your new property. In this article, we’ll discuss three of the ways in which you can protect your trademark. Trademark Monitoring Trademark owners have a […]

Brand protection is an important consideration for any business and it holds true for crowdfunding portals. Just like having strong terms of use and privacy policies, trademark registration for crowdfunding portals is an important step in protecting a business. Crowdfunding portals are often designed to raise money for specific niche projects or, many times, social […]

A recent opinion issued by the United States Court of Appeals for the Federal Circuit could lead to the disqualification of one of the Lanham Act’s most controversial provisions. That provision is 15 U.S.C. § 1052(a), otherwise known as the “disparagement standard,” which allows the United States Patent and Trademark Office (USPTO) to reject trademark […]

The Court Giveth, and the Court Taketh Away (Almost $4 million, that is) In a recent opinion, the Fourth Circuit issued a verdict that reversed in part heavy damages leveled against a paper-towel producer accused of trademark infringement by a paper-towel-dispenser manufacturer. An inflated, original damages award nearing five-million dollars was reduced down to under […]

Did the USPTO Make a SMART Decision? Literally, yes. The United States Patent & Trademark Office’s (USPTO) Trademark Trial and Appeal Board (the Board) just published a binding opinion holding that the applicant mark SMART BALANCE for frozen meals would not be confused with SMART ONES for frozen entrees. The Board was faced with three […]

USPTO Rejects PORNO JESUS for its Offensive Propensity On March 19, 2015, the United States Patent & Trademark Office (USPTO) denied a request to trademark PORNO JESUS by a “Christian pornographer” who produced adult-themed films in line with Christian beliefs. After the USPTO Examiner denied the Applicant’s initial request pursuant to Section 2(a) of the […]

The United States Patent and Trademark Office’s Trademark Trial and Appeal Board (the Board) recently denied a trademark applicant’s Motion for Summary Judgment seeking to throw out an opposer based on lack of standing. This case serves as a great reminder of how low the bar is for standing to oppose trademark registration. In this […]