Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more
A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more
9/17/2019
/ Cease and Desist Orders ,
Confusingly Similar ,
Corporate Branding ,
Counterfeiting ,
Cybersquatting ,
Dispute Resolution ,
Domain Names ,
Enhanced Damages ,
Exclusivity ,
Goodwill ,
gTLD ,
Imports ,
Intellectual Property Protection ,
Lanham Act ,
Madrid Protocol ,
Online Platforms ,
Popular ,
Trademark Clearinghouse ,
Trademark Infringement ,
Trademark Registration ,
Trademark Symbols ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO
In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more
4/3/2018
/ Advertising ,
Brand ,
Endorsements ,
Fair Use ,
Goods or Services ,
Likelihood of Confusion ,
Logos ,
Marketing ,
Nominative Fair Use Doctrine ,
Sponsors ,
Trademark Infringement ,
Trademarks
Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more
2/9/2018
/ Approval Requirements ,
Breach of Contract ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Damages ,
Intellectual Property Protection ,
IP License ,
Jury Trial ,
Trademark Infringement ,
Trademarks
Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more
All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more
12/15/2016
/ Cease and Desist ,
Celebrities ,
Fair Use ,
Goods or Services ,
Intellectual Property Protection ,
IP License ,
Name and Likeness ,
Personal Brands ,
Popular ,
Right of Publicity ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO
When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more
Comedian Nathan Fielder created a media stir, and long lines, when he opened a coffee shop called Dumb Starbucks. The establishment was quickly closed down for not having a permit. In the short time that the shop was open,...more
Phoenix business law firm Jaburg Wilk's Intellectual Property attorney Maria Crimi Speth discusses various legal issues a company should be aware of when launching a new website....more
When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name,...more
Registering with the Trademark Clearinghouse begins March 26, 2013 -
Maybe you have heard that the Internet is about to drastically change. Maybe you have heard that by the middle of this year, domain names ending in...more