A plaintiff in a trademark infringement suit is not required to show willful infringement by the defendant to be awarded profits.
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Intellectual Property Law Knowledge Center
Posts Tagged ‘trademark law’
USPTO Announces New Trademark Rule Requiring Foreign Entities to be Represented by Qualified U.S. Attorney
July 30th, 2019
Effective August 3, 2019, the United States Patent and Trademark Office (“USPTO”) has amended its Rules of Practice in Trademark Cases to require foreign applicants, registrants, and parties to trademark proceedings before the USPTO’s Trademark Trial and Appeal Board to be represented by a qualified U.S. attorney.
Notice Regarding Brexit’s Impact on Your Trademark in the European Union
February 28th, 2019
Once the UK exits the EU, all laws of the EU will cease to apply to the UK. In particular, the EU regulations that allow you to secure a single registration to protect your trademark in all 28 Member Countries of the EU will no longer include the UK.
Are You Offended?: Scandalous and Disparaging Trademarks
January 17th, 2019
Not every name or brand is eligible for federal trademark registration with the U.S. Patent & Trademark Office (USPTO). One of the reasons the USPTO might reject an application to register a trademark is because the trademark is considered offensive.
Waiting to Enforce your Trademark Rights
November 20th, 2018
Owning a trademark brings certain benefits and obligations. If you are the first entity in a particular geographic area to use a distinctive word (or phrase, logo, color, etc.) to sell a product or to provide a service, then you may claim exclusive rights in that area for that trademark on those products or services. Your trademark rights allow you to preclude subsequent entities in the same area from using the same, or confusingly similar, trademark on related products or services.
Inter Partes Reviews – A Brief Primer, Recent Supreme Court Rulings, and the USPTO’s Notice of Proposed Changes
May 21st, 2018
Inter partes reviews (IPRs) were enacted on September 16, 2012, as part of the America Invents Act (AIA) passed by Congress.
Why Enroll Your Trademark in the Amazon Brand Registry?
March 15th, 2018
Selling on Amazon is nearly ubiquitous, so it’s imperative to protect your brand – your trademark – across the platform. Amazon has made it easier to do so by overhauling its Brand Registry last year and creating, in their own words, “an accurate and trusted experience for customers.” As a brand owner, you must have a dual focus on strengthening and protecting your brand while also engaging and serving your customers. The Amazon Brand Registry supports this dual focus.
Here Comes the Rush to Trademark ‘Philly Special’
February 28th, 2018
One of the Philadelphia Eagles Super Bowl victory’s most memorable moments witnessed was a gutsy play that the team called the “Philly Special.” It was one of the boldest calls in Super Bowl history, and it has inspired some bold moves at the U.S. Patent and Trademark Office (“USPTO”), as well. As the term “Philly Special” has spread like wildfire through Eagles’ fandom, quick-thinking entrepreneurs have raced to capitalize on it, filing trademark applications to secure the rights to those golden words.
CAFC: CAFC: Gov’t Can’t Censor ‘Disparaging’ Trademarks
December 29th, 2015
When we discussed the provision of U.S. trademark law that prohibits the use of “disparaging” words in a registered trademark, we noted that “change may be on the horizon.” On Dec. 22, 2015, the Court of Appeals for the Federal Circuit ruled that at least the prohibition against registration of “disparaging marks” Section 2(a) of…
Protecting Your Intellectual Property on the Web
August 6th, 2015
Senator Ted Cruz of Texas made headlines earlier this year for a reason completely unrelated to his politics. Shortly after Cruz announced his candidacy for the next presidential election, the news media discovered that the presumptive Internet address for the new candidate’s campaign had been “hijacked†and now displayed a message that was contrary to Cruz’s own political stances.
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