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

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… READ MORE

trademark first use in commerce

Trademark’s First Use in Commerce

Registering a trademark may seem like a daunting task, but it isn’t. However, the confusion usually arises when you are trying to determine “first use”. The first time you used your trademark could, but is probably not, the correct date to use as the “first use in commerce” date in the trademark application. That is… READ MORE

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