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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
