Heitner Legal
Typically, each party must pay its own attorney’s fees in litigation. The exception is when a contract contains a prevailing party clause or a statute provides that the prevailing party is entitled to a reimbursement of reasonable attorney’s fees. One such statute is the Lanham Act, which permits an award of reasonable attorney’s fees only […]
What happens to a trademark licensing agreement when the licensor files for bankruptcy? It is an issue that was just reviewed by the U.S. Supreme Court in the case of Mission Product Holdings v. Tempnology. The highest court held that filing for bankruptcy does not deprive the licensee of its rights to use the licensed trademark. […]
Internet personality Logan Paul, who has millions of subscribers on his YouTube channel, has been sued for copyright infringement. The Complaint, filed in the U.S. District Court for the Central District of California, alleges that his composition “No Handlebars” willfully infringes on an original composition by Flobots titled, “Handlebars.” The original was written and recorded in […]
The rock band Guns N’ Roses has been around since 1984 and is a known name in the music industry to just about everyone in the United States. While the band members have spent most of their lives creating and performing music, they are now going to be occupied with litigating a trademark infringement lawsuit […]
Attorney-client privilege, the confidentiality of communications between lawyer and client, is a protection for discussions between those two parties. How strict is that rule? What if a public relations firm has access to the communication? Is the privilege lost?
We have been asked by many clients whether we can assist them with registering trademarks connected to the sale of cannabis and cannabis-related goods and services. In the past, we needed to be very creative to push applications through to registration. Now, the U.S. Patent and Trademark Office (USPTO) may be making things a bit […]
MomoMilk LLC, the owner of trademark registrations to the word mark “MILK BAR” and design marks for a stylized versions of “milk,” has filed a federal lawsuit against Milk Bar, LLC in Illinois. The plaintiff claims that the defendant has infringed on its trademarks based on the defendant’s use of a confusingly similar stylized design […]
Mr. Darren Heitner is one of a select group of University of Florida alumni named to this year’s prestigious “40 Under 40.” Honorees receiving 2019 Outstanding Young Alumni awards were recognized during a campus ceremony on Saturday, April 13.
“Guns Up” is a slogan and hand signal used by Texas Tech University, originally as a way to counter the “Hook ’em Horns” symbol shown by the Texas Longhorns. It has grown in prominence to the point that the signal is often used as a victory sign at Texas Tech athletic events.
Myth: Filing one trademark application with the U.S. Patent and Trademark Office for a mark and receiving a registration will protect that mark for use with all goods and services.