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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 […]

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Copyright Trademarks

Must Show Massive Distribution For Statutory Damages Of More Than $1 Million In Copyright And Trademark Cases

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 […]

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Trademarks

Golf Company Slices Trademark Likelihood Of Confusion Claim

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 […]

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Trademarks

What Is The Natural Zone Of Expansion Doctrine?

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 […]

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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 […]

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Trademarks

CBD Trademarks Now Have Tough Road Toward Registration

The U.S. Trademark Trial and Appeal Board (TTAB) has just issued an opinion that is not going to please individuals and corporate entities in the Cannabidiol (CBD) space. It has ruled, in the case of In re: Stanley Brothers Social Enterprises LLC, that a Colorado CBD company is not permitted to have its trademark registered because […]

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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 […]

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Trademarks

Top 5 Reasons To Hire A Trademark Lawyer In 2020

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 […]

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Trademarks

Venmo Is Not Cool With The Idea Of Being Able To Lenmo Money

In 2019, if you want a quick, easy way to send or receive money without paying a fee, you are likely using the app Venmo. It has become so popular that people will often ask to be Venmo’d money. As can be the case, a noun becomes a verb based on heightened usage.

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Trademarks

You Now Need A United States Based Lawyer For USPTO Trademark Filings

As of August 3, 2019, trademark applicants and registrants based outside of the United States will need a U.S.-based lawyer if they want to extend their protections to the U.S. A new rule announced by the U.S. Patent and Trademark Office (USPTO) states that the U.S.-based lawyer must be in good standing of a bar […]