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Intellectual Property Trademarks

Trademark Search and Registration Services: Your Key to Protecting Intellectual Property

At Heitner Legal, we understand the importance of protecting your intellectual property and ensuring its exclusivity. In today’s competitive market, safeguarding your brand identity through trademark registration is crucial for long-term success. With our expertise and dedication, we strive to provide you with exceptional services that not only meet but exceed your expectations. If you […]

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Intellectual Property

The High Burden To Restrain Negative Reviews On Amazon And Other Sites

A key element of any motion for temporary restraining order or preliminary injunction is demonstrating the likelihood of irreparable harm. In federal cases, the standard is provided by Federal Rule of Civil Procedure 65, and case law has made it clear that this type of relief is considered an extraordinary and drastic remedy. The high […]

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Contracts Intellectual Property

For-ev-ver? The Importance Of Specific Survival Language In Contracts

What does the termination of a contract do to certain intellectual property rights that were granted, in perpetuity, from one party to another within that document? A recent ruling in the U.S. Southern District of New York can be instructive on this issue.

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Intellectual Property Trademarks

Trademark Defendant Between Rock And Hard Place On Attorney’s Fees Request

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 […]

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Intellectual Property

Draymond Green Adds Sagnasty To Intellectual Property Portfolio

NBA champion Draymond Green of the Golden State Warriors has not only been busy on the basketball court, but also off the court. He has enlisted Heitner Legal to assist him in the procurement, prosecution and licensing of valuable intellectual property, including trademarks. Green’s first trademark application was filed in December 2014 for protection of the […]

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Intellectual Property

Blackjack Game Creator Busts With Patent Protection Effort

Ray and Amanda Tears Smith wanted to patent a game that was a variation of blackjack. The game utilized standard playing cards, but incorporated a new set of rules. The Patent and Trademark Office found this game ineligible for a patent. Patent-eligible subject matter is defined as “any new and useful process, machine, manufacture, or […]

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Intellectual Property Sports Law Trademarks

Are You Able To Trademark Your Name?

With the continued growth of athletes and celebrities as role models in addition to the continued importance of intellectual property in their lives, it raises the question of whether they can trademark their names. “Under §2(e)(f) of the Trademark Act, a mark that is primarily a surname [family name] is not registrable on the Principal […]

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Intellectual Property Sports Law

Wilson Sporting Goods Sues Rawlings Sports Goods for Patent Infringement

Wilson Sporting Goods Co. has filed a patent infringement lawsuit against Rawlings Sporting Goods Company, Inc. in the Northern District of Illinois. Wilson holds two patents, United States Patent No. 8,460,135 which was issued for game ball cover with improved stripes and/or logos & United States Patent No. 8,905,876 which was issued for a game […]

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Intellectual Property Sports Law Trademarks

Patriots RB LeGarrette Blount Earns Trademark

HEITNER LEGAL filed the trademark application and handled all necessary follow-up tasks with the U.S. Patent and Trademark Office for New England Patriots running back LeGarrette Blount.  The trademark, ‘Blount Force Trauma’ has received full registration on the principal register.  Blount will be able to move forward with federal protection when he uses the phrase […]

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Intellectual Property

The Benefits Of Intellectual Property Holding Companies

In the eyes of the law, a properly formed and maintained limited liability business structure is a separate entity or “person” from its owners and employees[1]. This legal benefit allows for the limited liability of individuals who seek to invest, start up, or become a part of the business structure. Consequently, in the event the […]