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 […]
Did KTLA Infringe on Kurt Knutsson’s Cyberguy Identity?
Kurt Knutsson, better known as Kurt the Cyberguy to long time followers of KTLA Tribune television, filed a lawsuit against KTLA for breach of contract, age discrimination, and misuse of name and likeness. Kurt Knutsson established himself as the technology expert, reporting on the latest innovations and gadgets for KTLA in exchange for exposure and payment. His “Kurt the Cyberguy” reports were syndicated to more than 20 stations…..
Kate Middleton is making news this week and it has nothing to do with her baby bump. The Duchess of Cambridge has applied to the U.K.’s Intellectual Property Office to trademark her name for charitable goods. She and her husband, Prince William, started The Royal Foundation of the Duke and Duchess of Cambridge back in […]
In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]
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 […]
By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that seems to give people trouble. The Lanham Act offers some help to distinguish the terms. By definition, a “trade name” is any name used by a person to identify his or her business or vocation. […]
In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms. In the United States, geographic terms can be registered and protected as trademarks identifying a single commercial source if certain conditions are met. Geographic terms have traditionally been very important in identifying the source and […]
Do movie makers need to obtain permission to use all brand products in their movies? The answer is no, but it is recommended. The rule is a product can be used within a movie without permission as long as the product is being used as was intended by the manufacturers without negatively defaming the product […]
In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]
