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Category: Trademark Law

Trademark Cases – 2020 Year in Review

March 11, 2021 | by | Firm News

On March 10, Leslie Lott presented a review of important trademark cases decided in 2020 by the United State Supreme Court, United States Circuit Courts of Appeal, United States District Courts, and the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.                                                  TRADEMARK CASE REVIEW […]

Trademarks Resources

June 15, 2020 | by | Trademark Law

A trademark is a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is closely related, except that it serves to identify and distinguish the source of services rather than […]

Trademark Parody

November 28, 2018 | by | Trademark Law

By Leslie J. Lott When you strike at a king, you must kill him. Ralph Waldo Emerson (1803-1882) I. Introduction Engaging in trademark parody is a little like striking at a king. You had better be good at it, because if you attempt and fail, you are in trouble. Parody is […]

Purpose of Trademark Law

November 20, 2018 | by | Trademark Law

Trademark law is designed to protect the consumer goodwill which merchants develop through the use of trademarks and service marks. This goal is achieved by preventing would-be infringers from using similar marks which could confuse consumers into thinking that these goods or services originate from the original mark owner. A […]

Categories of Marks

November 20, 2018 | by | Trademark Law

There are four basic categories of marks. These include fanciful and arbitrary marks, suggestive marks, descriptive marks, and generic terms. Fanciful marks, such as EXXON® and XEROX®, are completely made-up. Arbitrary marks in no way describe the goods or services they are meant to identify. Examples of arbitrary marks include […]

Trademark Searches

November 20, 2018 | by | Trademark Law

A trademark search is recommended prior to use of the mark to ascertain whether the mark is likely to cause consumer confusion with an already existing mark. A search serves to ensure the validity of the mark. It is also important to keep in mind that trademark infringement does not […]

Trademark Notice

November 20, 2018 | by | Trademark Law

A trademark may be identify by placing the designation ™ adjacent to it (“sm” is sometimes used for a service mark). While this designation does not indicate that the mark is federally registered, it gives the public notice that trademark rights are claimed. The statutory notice® indicates that a mark […]