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Protecting Brands From Knock Offs and Infringement – Part I

The following is a summary of basic and advanced tips I have developed for protecting clients’ interests in their trademarks and brands.
1) Seek Registration
Often one of a company’s most valuable assets is its trademark, service mark, and/or trade dress. The best way to protect an owner’s right in its mark against use by others, dilution, […]

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Use It or Lose It: Are You Doing Enough to Show “Use in Commerce” for Registration of Your Trademark/Service Mark?

For the first time, the Federal Circuit directly addressed the “use in commerce” requirementunder the Lanham Act for registration of service marks.  In Couture v. Playdom, Inc. (No. 2014-1480, March 2, 2015), the Court held that mere advertising or offering of services is insufficient to support registration of a service mark…even if you are ready, […]

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The Nuts and Bolts of Trademark Infringement

Most of us are familiar with “knock offs”—products that look like the original but are not authentic. The sale of these counterfeit products is illegal, and the seller could face severe penalties if charged with trademark infringement. This is simply one example of trademark infringement in everyday life. Understanding what a trademark is and how […]