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 – 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

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

Trademark Economics

Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage businesses to create, manufacture and promote quality products, and (2) trademarks reduce customer costs related to shopping and making purchasing decisions.  . UCLA economists A. Alchian and W.R Allen co-authored Exchange and Production: Competition, Coordination, and Control.  The authors [...]

Trademark Economics2020-07-09T18:32:50+00:00

Trademark Fair Use and Comparative Advertising

Trademarks of a rival company can be used in comparative advertising, so long as the advertising does not contain misrepresentations or create a reasonable likelihood that purchasers will be confused as to the source, identity, or sponsorship of the advertiser’s product. Under the Lanham Act, a defense to claims of false and misleading comparative advertising [...]

Trademark Fair Use and Comparative Advertising2020-02-18T21:14:24+00:00