Trademarks

Trademarks

I enjoy helping clients protect their trademark rights probably more than any other area of the law. Why should you get a Trademark? There are many reasons a business needs a trademark. Probably the biggest reason - there is no more cost effective means of communicating your business message than a trademark. Trademarks are relatively inexpensive to get and they are an incredible asset for you that never expires and always projects your image/product/service.

To give my firm and my clients the edge, I have created amazing technology tools to help get and maintain trademarks. Once you have your trademark, it is vital that you protect it from potential dilution and infringement. My technology tools can help you accomplish that. You can check out the technology I created by clicking through to Law Alarm and setting up your own account.

To get me started with your trademark matters, use this form to start a conflicts check. Once you hear from me, you will know what the next steps are to move forward.


Estate Plans

Free Estate Plan

Part of my mission to help people with legal issues involves trying to provide estate planning for anyone that wants one. In furtherance of that objective, I provide free estate plans for any person that wants to use my technology to generate their estate plan.

Without getting to deep into the whys of having an estate plan, I can affirmatively state that nearly everyone should get a plan in place regardless of their financial situation. An estate plan solves so many problems that may pop up that I believe it is far simpler to create a plan and all necessary supporting documents rather then leave things up to chance. In fact, my belief is so strong, I created technology specifically to create estate plans and I offer it for free to anyone that wants to get a plan in place.

To get started with your FREE Estate Plan, use this form to start a conflicts check. Once you hear from me, you will know what the next steps are to move forward.


Damages Analysis

Damages Analysis

Before Settlement Conversations. Before Mediation. Trust my team to evaluate your case and put together a comprehensive report helping you quantify your damages (either expected to receive or expected to pay).

If you do not have a comprehensive damage analysis it really is quite impossible to have a competent and reasonable conversation about mediating, settlement or mitigation.

Our Damage Analysis is possible at any stage of the litigation and will provide you with some solid numbers to help your decision-making process. Not only do we include the injury reflected in the litigation you are experiencing, we also work with your legal team to help quantify the amount of legal fees you will likely expend. All of this proves to be invaluable when contemplating all stages of the litigation process.

To get a damage analysis, use this form to start a conflicts check. Once you hear from me, you will know what I need and how you can forward the information I need to provide you with your own damages analysis.


Legal Wire

  • ROMAG FASTENERS, INC. v. FOSSIL, INC

    Willfulness Not Required To Recover Profits from Trademark Infringement

    In this case, the Supreme Court made it clear that Willfulness is not a required element in order to recover profits from a Trademark Infringement case. This one is kind of a no brainer - I am surprised that it took the SC to get involved to clear this up. Basica...

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    PETER, DEPUTY DIRECTOR, PATENT AND TRADEMARK OFFICE v. NANTKWEST, INC.

    PTO Cannot Recover Salaries of its Legal Personnel under 145

    An interesting decision and case where the Dep Director of the USPTO tried to recover salaries of legal personnel when the PTO decision was disputed. Seemed like a petty interpretation by the PTO to go for lawyers time in this dispute. SC also did some work on di...

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    Safeway, Inc. et al. v Superior Court of Los Angeles County

    Deep System Wide Failures Present Class Action Ammunition

    In this case, the 2nd Appellate Court ducks a Writ of Mandate and maintains a UCL Class Action based upon claims not relied upon for certification. This is an interesting case demonstrating the lengths appellates will go to maintain trial court discretion when it ...

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  • ALLEN v. COOPER

    States Immune From Copyright Infringement Claims

    In this case, the Supreme Court closed the loop on sovereign immunity arguments stemming from the CRCA. Paired with the patent decision of Florida Prepaid - States are immune for infringement claims in federal courts. IP owners would do well to police their owner...

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    LUCKY BRAND DUNGAREES v MARCEL FASHIONS GROUP

    Defense Preclusion only applies in Limited Circumstances

    SC delivered a UNANIMOUS decision rejecting concepts of Defense Preclusion under the principle of Res Judicata. Either issue preclusion must exist or claim preclusion must exist in order for Res Judicata to be invoked. This applies to affirmative defenses as well...

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    Rutledge et al. v. Hewlett-Packard Company

    The Importance of Warranties and the implications of Known Defects

    The California 6th Appellate District demonstrated comprehensively why companies must pay close attention to their warranties and the effect of known defects have upon their warranties when it comes to consumers. California has a very robust Consumer Protection law...

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UNITED STATES PATENT AND TRADEMARK OFFICE ET AL. v. BOOKING.COM B. V.

Generic.COM names Can be Trademarked

USPTO lost 8-1 on a sweeping rule that would bar "generic.com" from being registered. USPTO argued that combining two generic terms like "booking" and ".com" created a compound generic name and therefore unregisterable. That resoning was rejected all the way to t...

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MOHAMED v UBER TECHNOLOGIES

Properly Formed Arbitration Agreement Enforceable

In this smackdown from the 9th Circuit, the appeals court made it clear that certain language of an Arbitration Agreement was not unconscionable, ambiguous or unenforceable. The Circuit went on to clearly show the trial court the error of its ways in radically int...

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