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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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Copyright Trademarks

Hello I Am Elliot: The Startup’s IP Nightmare

On July 2, in New York’s Southern District, global e-commerce startup (“Hello I Am Elliot”) brought an action into Court for trademark and copyright infringement against Derek J. Sine and Vander Group, another e-commerce company. Sine was Vice President of Vander Group, and together the parties were business affiliates of Hello I Am Elliot, licensed […]

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Uncategorized

Supreme Court Says Yeah, Booking.com Deserves A Trademark Registration

The Supreme Court of the United States has ruled that the United States Patent and Trademark Office (USPTO) improperly denied the registration of Booking.com as a trademark based on the theory that it is a generic term. The main holding by the highest court is that just because a name (like “booking”) is generic, that […]

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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

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 […]

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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

Background On Florida’s Trademark Dilution Statute – Section 495.151

Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. Many states have adopted trademark dilution statutes that serve as grounds for the initiation of a civil action in trademark law. One such state is the State of Florida, which uses Florida Statute Section […]

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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

The Vitamin Shoppe Is Too Generic To Be Registered, Says Trademark Trial And Appeal Board

Is “The Vitamin Shoppe” too generic of a name for the parent company to obtain trademark registration? After a year-long battle within the Trademark Trial and Appeal Board (TTAB) system, the answer is a resounding yes. Without a disclaimer for the entire mark, the TTAB was unwilling to reverse the U.S. Patent and Trademark Office’s […]

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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.