Standing in Opposition to a Trademark Registration

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… READ MORE

Domain Names As Registered Trademarks

The United State Patent and Trademark Office (USPTO) allows individuals to register domain names as trademarks under certain circumstances. This can be valuable for online entities because while domain names are protected against theft and cybersquatting, a domain name that is a registered trademark would also receive powerful federal trademark protection. Generally, a domain name… READ MORE

How to Avoid Trademark Infringement

Clients often ask us how they can avoid trademark infringement when selecting a brand identity and selling products. Avoiding trademark infringement is actually fairly easy. All it takes is a little work on the front end to avoid numerous potential problems on the back end. Trademark infringement frequently occurs when a new business fails to… READ MORE

Trademark Licensing Agreements

  Trademarks identify the source of goods or services. They serve to protect the public by reducing confusion in the marketplace regarding the person or company providing the goods or services. For example, if the corner gas station was permitted to slap a national coffee chain’s logo on its cups, the public would assume that coffee to… READ MORE

Chicago State University Claims Trademark Infringement In Criticism

Chicago State University (“CSU”) has threatened legal action against a blog run by CSU faculty members if it is not disabled. CSU alleges the blog uses trademarks and trade names without CSU authorization. Since then, while the blog is still active (see, http://csufacultyvoice.blogspot.com/), it has changed its name and image.   Active since 2009, the… READ MORE

6th Circuit Court of Appeals Denies Trade Dress Infringement Claim

The Sixth Circuit Court of Appeals held that a manufacturer’s trade dress infringement claim against a competitor fails because there is no likelihood of confusion between the two parties’ goods. The court noted that trademark law is designed to promote brand recognition, not deter lawful competition.   Trade dress is the design and shape of… READ MORE

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