Heitner Legal
Under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), a defendant is liable for cybersquatting if it registers, traffics in, or uses a domain name that is confusingly similar to a third party’s trademark with “bad faith intent to profit from that mark.” A successful claim under the ACPA requires that three elements be […]
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 […]
Have you received a demand letter from the Law Firm of Higbee & Associates? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from the Law Firm of Higbee & Associates, demanding a large sum of money in exchange for a release of claims related to allegations of […]
We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]
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 […]
Yesterday, we summarized three lawsuits initiated by Donald J. Trump for President, Inc. in Michigan, Pennsylvania, and Georgia, as well as the campaign’s attempt to intervene in the pending U.S. Supreme Court case that concerns the Pennsylvania Supreme Court previously granting a three-day extension for receiving mail-in ballots. Here is a brief update on the […]
Two days after the 2020 Election there is still no announced winner of the presidency. As ballots continue to be counted, the Trump Campaign has become involved in litigation in three states (Michigan, Georgia and Pennsylvania) and asked to be joined to a pending U.S. Supreme Court lawsuit that concerns mail-in ballots. Trump’s Lawsuit in […]
Jack Black and Tony Hawk are among the defendants in a new copyright infringement, unjust enrichment, and unfair competition lawsuit initiated by a California man named Wesley Humpston. The Complaint, filed in the U.S. District Court for the Central District of California is based on Humpston, who has apparently earned the reputation as “The Godfather […]
It’s Tua Time. Former Alabama quarterback Tua Tagovailoa will make his National Football League starting debut today as the Miami Dolphins take on the Los Angeles Rams. Does that mean it is also time to try to lock up valuable intellectual property surrounding the future of the Dolphins franchise? Unless you are actually Tagovailoa, you […]