October 2021
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 (i.e., first names, surnames or a combination of the two) appropriate for trademark [...]
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 nfringement of a federally registered trademark under the Lanham Act (32(1)(a), 15 USCA 1114(1)(a)) is defined as: "Any [...]
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 [...]
February 2021
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 [...]
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 [...]