The phrase “likelihood of confusion” is commonly used by examining attorneys at the USPTO to refuse a trademark application. It is also a phrase I often use when advising clients who are in the process of selecting a trademark for their new business or product line. ...
Year: 2021
Fair Use: Copyright Issues at the Heart of “Bad Art Friend”
If you follow national literary circles - or Twitter - you may have heard of the back-and-forth between writers Dawn Dorland and Sonya Larson. Dorland wrote a personal message on Facebook; Larson incorporated it as a letter into a short story, The Kindest. We will...
The Overlap Between Copyrights and Trademarks
Is your trademark a work of art? Original and independently created? Your trademarks may be eligible for copyright registration in addition to trademark registration. Why would you obtain both copyright and trademark registrations? Broader protection. A work of art is...
Marks Gray Recognized By U.S. News – Best Lawyers® “Best Law Firms” 2022 Publication
Marks Gray is proud to announce that the firm has once again been named to U.S. News – Best Lawyers® “Best Law Firms,” for the 2022 edition. For more than a decade, Best Law Firms has recognized law firms across the US and throughout the world for their work in 75...
Tiny Houses, Big Infringement
This post serves as a two-way warning, to photographers online and to online publications that use copyrighted photos. Tiny House Listings LLC, a company whose founder is based in Wilmington, NC, faces a copyright infringement complaint for use of a Texas...
Intellectual Property – Valuable Assets In a Business: SBRN Legal Panel
Are you a business owner? Do you know what intellectual property assets are owned by your business? If you are unclear on the answer to the second question, you might benefit from attending the Small Business Resource Network’s October 28th lunch meeting. You will...
Dolly Parton Faces Opposition from Dolly Madison in Trademark Classification
One would think that Dolly Parton can have whatever trademark registration she likes. The singer’s multi-decades career almost guarantees recognition by a majority of the US population -- if not the world. However, a current dispute between the singer and Dolly...
Fighting For the Teardrop: Hershey Threatens Trademark Infringement
Hershey Co. has threatened a trademark infringement lawsuit against a California keto-cookie brand known as The Cookie Department. The alleged infringement stems from a shape that most of us know (and some of us love), the iconic teardrop shape of a chocolate chip. As...