Categories
Intellectual Property

What To Do If Served With A Southern District Of Florida Complaint For Damages And Injunctive Relief

The Southern District of Florida tends to be one of the most popular jurisdictions for plaintiffs, particularly those with intellectual property claims such as copyright infringement and trademark infringement, to file Complaints that seek damages and injunctive relief. Oftentimes, plaintiffs and their law firms are able to convince judges to enter orders that grant temporary […]

Categories
Trademarks

What To Do If You Receive A Trademark Infringement Demand Letter

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, […]

Categories
Trademarks

Derby Pie Trademark Owner Gets A Negative Ruling In The Face On Appeal

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 […]

Categories
Conversion Trademarks

Who Owns A Social Media Account And Can A Former Employee Create A Similar Account Upon Leaving?

Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]

Categories
Trademarks

Purchasing Trademarked Search Terms, On Its Own, May Not Constitute Infringement

Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]

Categories
Trademarks

Supreme Court Clarifies That Willful Infringement Isn’t Necessary To Disgorge Profits In Trademark Cases

One of the big reasons why individuals and companies choose to apply for the registration of trademarks is to enforce those registered marks against infringers. By owning a valid trademark registration, one is able to file suit in federal court and seek monetary and/or injunctive relief. The type of monetary damages on the table has […]

Categories
Trademarks

Needing A Trademark Registration For Amazon Brand Registry

Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. There are a number of reasons to file a trademark application with the U.S. Patent and Trademark Office, with the ultimate goal of earning a trademark registration. Among the most important reasons for possessing […]

Categories
Trademarks

Top 5 Reasons To Hire A Trademark Lawyer In 2021

Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. It is our belief that there has never been a time in the history of the United States that trademarking has been as important as it is today. Thus, you will want to make […]

Categories
Gaming Law

Riot Games Is Not Cool With Anyone Else Using RIOT In The Esports Industry

Is the word “RIOT” now so attached to the company Riot Games that no other company can use the word in its name? Riot Games seems to think so based on its recent initiation of a lawsuit in the U.S. District Court for the Central District of California.

Categories
Trademarks

Sports Nutrition Company Runs Out Of Fuel In Trademark Fight Against Gatorade

Gatorade used the slogan “Gatorade The Sports Fuel Company” and SportFuel, Inc. sued, claiming trademark infringement. The district court threw out the case after it decided that Gatorade’s slogan was construed as fair use. SportFuel appealed.