Larry Klayman, an attorney and General Counsel of an organization called Freedom Watch, brought an action against Facebook, Inc.…
In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being…
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are…
By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use…
To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that…
By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair…
Near the beginning of the film The Hangover: Part II, the four friends are walking through the Los Angeles International…
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However,…
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is…
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it…