In some trademark cases, the plaintiff sues the defendant for trademark infringement based on what is considered to be a reverse-confusion theory. This means that the plaintiff believes that consumers will mistakenly believe that the defendant is the source, affiliate or sponsor of the plaintiff’s product or service.
Author: Darren Heitner, Esq.
In 2013, Cleodis Floyd was victorious in an arbitration against the National Football League Players Association after the union denied his NFL agent application. The union did not want to certify him because Floyd was previously convicted of fraud.
The following was written about in VoyageMIA on February 14, 2019 in an article titled, “Meet Darren Heitner of HEITNER LEGAL in Fort Lauderdale.”
We do not always post about our victories in obtaining trademark registrations with the U.S. Patent and Trademark Office, but it is fun to highlight some of the more interesting success stories. Below are a couple of our more recent registrations, one for a professional basketball player and another for a sports betting handicapper.
And down the stretch they come! It is a popular saying in horse racing, which was popularized by sportscaster and longtime ABC, CBS, ESPN and NBC voice Dave Johnson. It is also a phrase that is now the subject of a trademark infringement lawsuit pending in the U.S. District Court for the Southern District of […]
What do you need in place prior to bringing an action for copyright infringement? That specific question was decided by the United States Supreme Court in the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al.
Copyright infringement lawsuits must be brought in federal court. These cases are often filed by lawyers who not only think their clients can score a sizable judgment, but also have the opposition cover legal fees and costs. However, a new United States Supreme Court decision places a limit on what a prevailing party can actually […]
Is it true that no one can own a dance step? That is what video game publisher Epic Games is arguing in a motion to dismiss that it filed on February 11 in a federal case that was brought by Terrence “2 Milly” Ferguson.
I thought that one of the better Super Bowl XLIII advertisements was delivered by Expensify, because it simply demonstrated the value of its service in an effective manner. It appears that a competitor is trying to benefit from Expensify’s Super Bowl exposure, which has led to the filing of a lawsuit by Expensify for trademark […]
HEITNER LEGAL Takes Over Times Square
Branding is important in any industry. If you are familiar with HEITNER LEGAL, then you know that we take pride on our clients’ branding techniques as well as our diligence in protecting and enforcing intellectual property (such as trademarks) for our clients.