May 2022
Geographic Terms As Trademarks
Geographic trademarks have traditionally been of great importance for many business owners. This is especially true for business owners selling food products, non-alcoholic beverages, and alcoholic beverages, such as beers, wines and spirits. Disclosure [...]
The Importance of Written Operating Agreements
An LLC operating agreement is an agreement between the member or members of the LLC and the LLC entity. Under the South Carolina Limited Liability Company Act, the members of both single-member and multi-member [...]
October 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 [...]
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 [...]
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 [...]
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 [...]