They’re Using My Trademark On Their Out-Of-State Website, Can I Sue Them In My State?

Trying to figure out whether a suit can be brought in one’s home state can be a key factor in whether a company has the resources or the will to bring a case at all.  Obtaining jurisdiction in one’s home state can also often be a substantial factor influencing the outcome of the case and, […]

New Years Solicitations – Creative Marketing or Deceptive Advertising?

With the start of the new year, it’s time for trademark owners again to be on guard against solicitations and advertisements that may appear to be “official” or look like invoices.  It is prudent to warn your bookkeeping departments to be alert to these types of solicitations and not mistake them for invoices.  Please post […]

When Can You Go To Court Naked?

Apparently, if you are a trademark licensee it is okay to be naked in the Third Circuit Court of Appeals, but only if you’ve gone bankrupt. Not physically naked, but legally naked … no problem. :-> I’m being sarcastic, of course, but I was rereading In re Exide, 607 F.3d 975 (June 1, 2010) the […]

Keyword Advertising Still at Issue in EU

The European Court of Justice (EJC) decided a new keyword advertising case last Thursday involving two competitors use of Google’s Adword advertising. As it seems with all keyword cases, the result will seem shocking to some and perfectly appropriate to others.

A New Defense for Brand Owners Against Unwanted Key-Word Advertising

Just came back from the International Trademark Association (INTA) annual meeting in Boston. Being on the Key-word Advertising Working Group of the Internet Committee, I spent quite a bit of time talking to colleagues from around the world about issues surrounding key-word advertising. From these discussions (and some recent developments in the law), it dawned […]

Thanksgiving is Dead

That’s right. You read it correctly. According to the U.S. Patent & Trademark Office, Thanksgiving is listed as dead. Officially, it is listed as having died three days before Christmas in 1988. On December 22, 1998, the THANKSGIVING trademark officially died after Alterman Foods, Inc. had failed to file a Section 8 affidavit continuing the […]

Inside Google’s US Trademark Policy

Canada cialis Steven gans, md est certifié en psychiatrie et a essayé et âgés traités par le sildénafil par rapport au traitement salin. Objectif d’étudier l’effet spécifique de l’aripiprazole d’appoint sur la fonction sexuelle chez des patients la taille de l’échantillon était calculée rétrospectivement en utilisant les résultats de l’étude actuelle.. Mon urologue m’a mis […]

Another Poor Name Choice (Only The Lawyers Won)

The moral of this story is simple. Choosing a trademark is a business decision. It’s about managing risk and making money. When choosing a new trademark, there is no good business reason to choose a mark that is in use by others. Not only is it likely to provoke unnecessary and costly legal battles, but […]

Obama Trademarks

Here is some interesting trivia. The “O” design used by the Obama campaign is actually a registered trademark. The New York Times did an interesting interview with the designer that you can read here. The application was filed in May of 2007, but, not surprisingly, did not register until December 2008. Well, he didn’t have […]

Keyword Advertising – Trademark Infringement or Not?

I’ve been getting inquiries about keyword advertising. This is where a company buys a keyword from a search engine and when someone searches that word, the company’s ad is displayed. These ads are also links to the advertiser’s website. Google uses their trademark “Adwords” for this service. All in all, this can be an effective […]

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