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Trademark Law: Secondary Meaning

  In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being…

13 years ago

What are the odds a case is going to trial?

Before starting my legal career, I often wondered how many civil cases actually go to trial.  I knew the number…

13 years ago

What does it take to create a trust?

A trust is an animal with several different heads.  In order to create a non-charitable trust, you need several different…

13 years ago

Trademark Dilution: Blurring v. Tarnishment

The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible…

13 years ago

Show Me the Royalties!

For songwriters, one of the greatest perks of copyrighting their work is the continuous flow of royalty checks. If Merv…

13 years ago

Can a Judge Make a Plaintiff Pay for Defendant’s Legal Fees?

In England, there is a law referred to as the “Loser Pays” Rule.  The law states that the losing party…

13 years ago

The Fair Use Doctrine: Does a Parody Qualify?

By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine.…

13 years ago

Can Someone Trademark Your Catchphrase After It Is Cancelled?

Do you remember the ridiculously cheesy LifeCall commercial that first aired in 1989?  Perhaps you may be able to recall…

13 years ago

Unfair Competition: How does it relate to trademark infringement?

  By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair…

13 years ago