I have been receiving a multitude of questions lately about use of NFL logos. I do give these folks a lot of credit for asking an attorney before moving forward with their ideas of using NFL logos. Most of these folks are asking whether or not they can put NFL logos on certain things and […]
A new wave of “pop” trademark infringement has been keeping the legal teams at some of the nations biggest drug companies busy. Who would of thought that the abuse of prescription drugs would become a hot way to market a product at high end retailers and restaurants but that is exactly what is currently happening […]
So the big tournament starts tonight – that’s right, we are starting with 64 teams and the team that goes through the tournament undefeated brings home the big trophy. Half the fun is looking for that Cinderella team that upsets a few teams on the way, maybe even makes it to the Sweet 16. This […]
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist to […]
By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair competition in the abstract, Black’s Law Dictionary defines unfair competition as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market […]
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a valid […]
