Every time the Olympics come around, they become the focus of the whole world. Literally billions of people watch broadcasts of the games, and people everywhere are excited to show support for their country’s athletes. All of this attention means that businesses...
One interesting trend in my legal practice in recent years has been the rise of trademark dispute cases over domain names – the catchy, easy-to-remember online address of a business, like “southwest.com.” Perhaps this is not surprising, as much of our commerce these...
The following case comes with a few IP law reminders. First, where trademarks are concerned, location and timing matter. Second, it is possible for both sides to lose in a trademark lawsuit. And finally, when the battle is between David and Goliath, sometimes David...
Petition to Cancel The trademark owner may need to file a Petition to Cancel another trademark registration if a prior registration is preventing the registration of your trademark. This is possible if your trademark has priority in commerce or if the other trademark...
We have covered many trademark opposition cases on this blog. A trademark opposition arises when a trademark application for a logo or brand name that looks and/or sounds too similar to a registered trademark is opposed by the owner of the trademark registration. The...
In the landscape of trademarks, a point of tension exists between small and large businesses. Namely, well-funded corporations have the resources to dominate trademark real estate and to go after competitors. Yet, trademark names are limited. Trademarks of similar...
Where are you selling the products and services – locally or nationwide over the internet? If you are only selling your products in the city where you live and have not expanded beyond those boundaries, then you only need to obtain a state trademark registration. If...
If your business’s trademark is used by a competitor in an invisible way, does that count as commercial use that could constitute trademark infringement? You might assume the answer is “No,” since there would likely not exist evidence of typical infringements like...