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 can be renewed continuously. They project your reputation and 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.


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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  • 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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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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