In today’s digital age, copyright and trademark issues have become increasingly common. As a website owner or content creator, it’s crucial to be aware of your rights and responsibilities when it comes to intellectual property. Unfortunately, there are situations where you might find yourself on the receiving end of a lawsuit or a demand letter […]
Category: Trademarks
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 […]
As previously discussed on this website, one of the most popular jurisdictions for intellectual property plaintiff lawyers to bring their lawsuits tends to be the Southern District of Florida. And one of the more active plaintiff firms in the space is SRIPLAW, not only for copyright infringement actions but also trademark infringement cases, and definitely […]
Have you received a demand letter from a law firm informing you that you or your company has infringed on another’s trademark rights? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from plaintiff trademark law firms across the world, demanding action in the form of making payment, […]
Gmail is launching an authenticated brand logo program that will serve a similar role to verified badges on social media, but for emails exchanged through the platform. It is being described as a security feature to help authenticate the source of the communications and attachments that you receive by email. As is true for earning […]
Have you tried to register a trademark or contemplated filing a trademark application with the U.S. Patent and Trademark Office only to find that someone else has already registered an identical or similar trademark? This is a common problem for people in the United States, where trademark rights are generally provided to whoever was first […]
A defendant can only be liable for trademark infringement if a third party’s owned trademark registration is used in a trademark way. Stated in another way, the defendant’s use needs to be one where the mark is identifying the source of the good or service. The creator of a well-known chocolate nut pie learned that […]
The Copyright Act allows the owner of an infringed copyright to recover statutory damages, when there is an innocent infringement, in a sum of between $750 and $30,000. When the infringement is willful, the statutory damages can reach as high as $150,000 per infringement. The Lanham Act allows the owner of an infringed trademark registration […]
A trademark applicant earns a mulligan on its application to register a golf-related mark. The ex-parte appeal was brought by Driven Golf, Inc., which had originally suffered a defeat when the U.S. Patent and Trademark Office examining attorney assigned to its application determined there to be a likelihood of confusion with another mark that was […]
The natural zone of expansion doctrine is a special rule that can apply in the realm of trademark law. It comes up from time-to-time when two parties have separate claims of priority within a class of goods and services. When an individual or corporate entity files a trademark application, the application must specify the categories […]