In the United States, it is not registration, but actual use of a designation as a mark that creates rights…
By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake,…
By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must…
By: Tyler Hampy Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure…
By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that…
By: Tyler Hampy Although you may think that Facebook “friends” aren’t really the same thing as real-life friends, the ethical…
In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms.…
My next couple of posts are going to focus on the types of words that can and can’t be…
2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent…