Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In a rare concurrent use decision, Hubcap Heaven, LLC v. Hubcap Heaven, Inc., Concurrent Use No. 94001147 (Jan. 25, 2005) [not citable], the Trademark Trial and Appeal Board (“TTAB”) questioned the continued viability of concurrent use registrations in the face of the Internet's global reach. Concurrent usage is based on the premise that two owners of the same trademark for competing goods and services can coexist by carving out strict geographic territories for each user. The Internet, however, has no geographic boundaries.
Hubcap Heaven, LLC (“Applicant”) filed a concurrent use application in 1995 to register the service mark HUBCAP HEAVEN in International Class 42 for “wholesale and retail store, mail order, and online electronic catalog sales order services in the field of new, reconditioned and used automotive parts.” Applicant also included in its application a request to restrict its existing registration, issued in 1993, for the same mark for “automotive hubcaps, wheel covers and wheels” in International Class 12. Applicant sought nationwide rights, excepting limited areas of use within four states where Hubcap Heaven, Inc. (“Excepted User”) used the same service mark for the sale of automotive hubcaps. Applicant claimed a date of first use in commerce of Jan. 1979 for both the service mark application and existing registration.
Excepted User did not hold a federally registered trademark for its usage.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.