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Trademark Coexistence May Become a Necessity As Market for Trademarks Grows
No ordinary trademark applicant wants their application opposed. Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background for 30 days. Rightly so, as this is sometimes exactly what happens. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.
In addition to the well-known benefits of opposition settlement through trademark coexistence, carefully negotiated coexistence agreements between and among less distinctive mark owners can help build a stronger network of protection and defense than might otherwise be accomplished.
Publication of a trademark by the U.S. Patent and Trademark Office (USPTO) during the mark's application process provides an opportunity to oppose the registration of that trademark to those with a reasonable objection to its registration. It is usually the first time parties of interest will learn of the trademark's application and they must act quickly — a notice of opposition or a request for an extension of time to oppose the mark must be filed within 30 days. TMEP §1503 Opposition. Otherwise, the trademark will proceed to registration.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.