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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 […]

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 […]

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 […]

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 […]

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 rights begin as soon as a mark is used. This protection is generally limited to the geographic area in which the actual use is taking place. To obtain protection throughout the United States, a trademark must be federally registered with the U.S. patent and trademark office. This requires use […]

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 registration can last indefinitely, so long as the registration is renewed every ten years and continued use is maintained.

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 […]