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Showing 16 posts in Trademarks.

The Basics: Trademark Infringement

trademark infringementTrademark infringement is a reoccurring problem for many businesses.  Recently, Apple, Inc. was denied an injunction prohibiting Amazon.com from using its mark: "App Store." Amazon.com utilized the name "Amazon Appstore for Android."  Despite similarities between the parties' marks and services, the court found that a likelihood of confusion did not exist and Amazon.com did not infringe on Apple's mark.

With that in mind, let's take a look at the basic elements regarding trademark infringement. Read More ›

Categories: Trademarks

Trademark Infringement By A Competing Website? Take Action Now.

trademark infringement by a competing websiteRecently, I received a phone call from a client asking for advice on a reoccurring issue.  The client asked: “Do I have legal recourse against a competing website that is utilizing my trademark in its domain name?” 

The short answer is yes, but let's look at the reasons why.

Simply put, a domain name is a Web site's unique address on the Internet.  It can be used to identify organizations and other entities on the Web (e.g., http://www.nike.com/us/en_us/).  Like any other advertising message, signage, or other communication, a domain name can infringe upon a trademark.  However, a claim of trademark infringement involves more than simply proving that your trademark is being used in another’s domain name. Read More ›

Categories: Intellectual Property, Trademarks

Patent Reform Bill Passes House

The America Invents Act recently passed the US House of Representatives by a vote of 304-117.  A similar bill was approved 95-5 in the Senate in March.  President Obama has pledged that he would sign a patent reform bill once it reaches his desk.  Therefore, it appears that it is only a matter of time before it is sent to the President to be signed into law. Read More ›

Categories: Intellectual Property, Patents, Trademarks

.xxx Domain Names: Trademark Holders Beware!

.xxx added to top level domains - xxx domain namesThe Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), recently approved .xxx as a new top-level domain name space.  .xxx top-level domain names are intended for adult content.  However, the .xxx top-level domain could result in an unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers and cybersquatters to register “YourCompany.xxx” in order to trade off your company’s brand or extract payments. Read More ›

Categories: Domain Name Registration, Trademarks

A Little Known Secret to the War on IP Piracy – that is Free

ip piracyHow would you like to have the weight of the U.S. Federal Government behind you in combating piracy of your product?  And how would you like to have it for free?  If you answered no to both, perhaps you should reevaluate your business acumen.  For those who answered in the affirmative, please read on.

The free service is offered through the Office of Intellectual Property Rights (OIPR) of the U.S. Department of Commerce.  OIPR can assist your company in combating intellectual property piracy of your products.  After you have secured your intellectual property protections at home and abroad and taken local enforcement steps through the administrative or legal process, OIPR will step in on your behalf and work with the foreign government to target, confiscate and destroy the piracy items. Read More ›

Categories: Intellectual Property, Privacy, Trademarks

Buying Registered Trademarks as Google Adwords?

Have you ever taken the time to Google your company name?

It might be worth your time. If you find that your competitors are more prominently displayed in the tan sponsored link box or along the right side of the search page, you may be able to stop these companies from purchasing your company's trademarks as Google Adwords. Read More ›

Categories: Intellectual Property, Trademarks