USPTO

Trademark Law: first to use v. first to file

In the United States, it is not registration, but actual use of a designation as a mark that creates rights…

13 years ago

March Madness and Other NCAA Trademarks

So the big tournament starts tonight – that’s right, we are starting with 64 teams and the team that goes…

13 years ago

Reviving A Patent That Was Abandoned For Failure To Pay Maintenance Fees

By: Mark R. Malek You may recall that my last article was directed to the requirement to pay maintenance fees in…

13 years ago

Pleading Inequitable Conduct

By: Tyler Hampy   Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake,…

13 years ago

Irreparable Injury: Lost Market Share

  By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must…

13 years ago

Is Susan G. Komen for the Cure® a Trademark Bully?

When does fighting to protect a trademark borderline on trademark bullying?  Trademarks are established to protect an individual’s, a corporation’s,…

13 years ago

AMERICA INVENTS ACT – Limiting Joinder

By: Tyler Hampy   Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure…

13 years ago

Trade Name v. Trademark

  By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that…

13 years ago

Trademark Law: Geographic Terms

  In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms.…

13 years ago