Yearly Archives: 2021


Use Of Trademarks In TV and Film

Our law firm recently had the opportunity to address the issue of whether unauthorized use of a company's trademark in a television program or film could result in a claim of trademark infringement.  Based on our research, we found that when unauthorized use of a company's trademark in a film or television program is [...]

Use Of Trademarks In TV and Film2021-10-28T17:05:13+00:00

Trademark Registration For Personal Names

From a trademark perspective, nothing serves as a stronger identifier than an individual’s personal name.  But does this make personal names appropriate for trademark registration?  Trademark law has always treated personal names differently.  In the past, a person was free to use his or her name as a trademark and was not obligated to [...]

Trademark Registration For Personal Names2022-08-02T19:12:58+00:00

Trademarks: CBD and Hemp Products

Since the passage of the 2018 Farm Bill, hemp was removed from the Controlled Substances Act (CSA) list of Schedule I substances and will be treated the same as any other commodity crop.  As such, when hemp plants are properly sourced, the cannabinoid (CBD) extracts are also legal.  However, industrial hemp manufacturers must be [...]

Trademarks: CBD and Hemp Products2021-10-27T17:17:06+00:00

Trademarks: Likelihood of Confusion

Likelihood of confusion is the fundamental test of both state common-law and statutory trademark infringement.  Trademark infringement of a federally registered trademark under the Lanham Act (32(1)(a), 15 USCA 1114(1)(a)) is defined as: "Any person who shall, without the consent of the registrant (a) use in commerce any reproduction, counterfeit, copy or colorable imitation [...]

Trademarks: Likelihood of Confusion2021-11-02T15:16:46+00:00

Do You Need A Trademark for Amazon’s Brand Registry?

YES!  As of May 2017, Amazon’s Brand Registry program requires every brand owner to hold a registered (or pending) federal trademark that is associated with the product being sold in the Amazon marketplace. Amazon Brand Registry – Pre-Enrollment To enroll a brand in Amazon’s Brand Registry, a brand owner must provide the following information [...]

Do You Need A Trademark for Amazon’s Brand Registry?2021-10-06T15:32:22+00:00

Trademarks – Copying and Imitation in the Marketplace

In our competitive free economy, copying and imitating business concepts and market trends in the public domain is the general rule, protected intellectual property (e.g., trademark, copyright, patent) is the exception. Copying and Imitation as Fair Competition "The Creative Commons proposed in 2010 the Public Domain Mark (PDM) as symbol to indicate that a work [...]

Trademarks – Copying and Imitation in the Marketplace2021-02-11T16:28:58+00:00

Trademark Unfair Competition

Trademark Unfair Competition It is basic public policy that free competition drives our economy.  It follows that the "imitation" and “copying” of creative ideas and concepts is a very important part of a free market's success.  Once ideas, concepts and inventions are in the public domain, they may be freely copied with limited exceptions.  [...]

Trademark Unfair Competition2021-02-11T15:38:00+00:00

Effective January 2, 2021 – USPTO Trademark Fee Increases

The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The changes will allow the USPTO to continue to recover the [...]

Effective January 2, 2021 – USPTO Trademark Fee Increases2021-01-05T20:12:24+00:00