Category: Trademarks

Chinese Trademark Registration and Unexpected Liabilities: Don’t Get Hustled

Chinese Trademark Registration and Unexpected Liabilities: Don’t Get Hustled

Trademarks

In the United States (U.S.), trademark law is, for the most part, supposed to protect consumers. With this purpose in mind, it makes sense that trademark rights arise as soon as you start using a trademark in commerce in a manner that causes your consumers to view the mark as a source indicator. We refer […]

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International Trademarks: Japan has Embraced Color

International Trademarks: Japan has Embraced Color

Trademarks

Trademarking colors has been a complex and confusing legal history question. Color has always been allowed as part of the mark design, but for many years trademarking was denied for stand-alone colors and schemes. Even now the TMEP begins from the principle that “[c]olor marks are never inherently distinctive.” The US Supreme Court finally overcame […]

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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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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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More Details on Matal v. Tam: Are Other Parts of The Lanham Act at Risk?

More Details on Matal v. Tam: Are Other Parts of The Lanham Act at Risk?

Trademarks

As we recently discussed here, in June, the US Supreme Court declared the disparagement clause of the Lanham Act unconstitutional as a violation of the free speech clause of the First Amendment. In general, the disparagement clause prohibited registration of trademarks that might disparage a person, groups, or institutions. Matal v. Tam, 582 U.S., 137 […]

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