melbourne

Trademark Law: Secondary Meaning

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

11 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…

11 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…

11 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…

11 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…

11 years ago

Introduction to the Fair Use Doctrine

    To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that…

11 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…

11 years ago

Inequitable Conduct

How do I defend allegations of patent infringement? An attorney may choose to argue that the infringed patent is invalid.…

11 years ago

We Both Have the Same Business Name. Am I in Trouble?

You started your company four years ago and everything is going well when all of a sudden you are handed…

11 years ago

Textbook Publishers Sue Boundless Learning for Plagiarism

One of the biggest gripes I had with attending college had to be buying textbooks.  Ten years ago when I…

12 years ago