Features
Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of whether purchasing market competitors’ search engine keyword terms, known as “conquesting,” constitutes trademark infringement.
Features
Knockoffs: Are They Always Infringing?
When something is referred to as a "knockoff" it typically implies that the knockoff product is similar in appearance to an earlier product and is unlawful. But that is not always the case. Indeed, there can be infringing knockoffs and noninfringing knockoffs. It depends on the facts and circumstances. To appreciate the difference, a look into the general rules and some specific cases is needed.
Features
Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
Features
Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.
Columns & Departments
IP News
'Polaroid' and Online Self-Promotion: A Cautionary Tale
Features
LJN Quarterly Update: 2024 Q3
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Features
Using Unique Product Features or Designs to Register Trademarks
Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.
Features
Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever
Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.
Features
Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
Features
Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes
Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.
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