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Protecting a Trademark Licensor's Rights In a Bankruptcy Case Image

Protecting a Trademark Licensor's Rights In a Bankruptcy Case

Alfred S. Lurey

A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.

Features

Digital Advertising: Customer Confusion and Trademark Infringement Image

Digital Advertising: Customer Confusion and Trademark Infringement

Stephen M. Kramarsky & John Millson

In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.

Features

Quebec's Bill 96 and Trademarks: Product Packaging and Labelling Image

Quebec's Bill 96 and Trademarks: Product Packaging and Labelling

Jean-Philippe Mikus, Eliane Ellbogen, & Isabelle Kalar

The modifications brought by the Quebec's Bill 96 will have a far-reaching impact on how businesses use trademarks on product packaging, labelling, public signage and in commercial advertising. This article is Part One of a two-part series on Bill 96 and trademarks and covers the effects as they relate to product packaging and labelling and how best to comply with these new provisions.

Features

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs Image

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs

Stephen Lott & Lauren Gregory

Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?

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Brands In the Metaverse: What You Need to Know Image

Brands In the Metaverse: What You Need to Know

Brandon Leahy & Chloe Delehanty 

While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.

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Trademark Oppositions and Coexistence Agreements Image

Trademark Oppositions and Coexistence Agreements

Ben Thompson & Robert Moorman

There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.

Features

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows Image

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows

Ben Thompson & Robert Moorman

Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background. 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.

Features

Due Diligence Can Mitigate Trademark Risk Image

Due Diligence Can Mitigate Trademark Risk

Jared A. Stark

How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.

Features

Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive Image

Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive

Li-Jen Shen, Cory Smith & George C. Chen

The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.

Features

Trademarks Making Advertising Claims Create Sticky Situations Image

Trademarks Making Advertising Claims Create Sticky Situations

Kyle-Beth Hilfer

The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.

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