Real Trademarks Used in Virtual Worlds, Second Life In a lawsuit filed in April 2009, Taser International, Inc.,  the world’s largest maker of stun guns sued Linden Research Inc. (“Linden Lab”), the San Francisco based company, which runs Second Life, the online virtual world.  Taser Int’l, Inc. v. Linden Research, Inc., 2:09-cf-00811-ROS (D. Az 2009). […]

Lawyers often talk about the benefits of federal trademark registration.  Federal registration bestows upon the trademark owner the ability to bring infringement actions in federal court, it provides evidentiary presumptions about use and validity of the mark, it bestows a presumption of incontestability (after 5 years), it provides constructive notice that the mark is yours, […]

Based on patent filings thus far in 2009, the number of new applications filed in 2009 is projected to drop by more than 11 percent from 2008.   The drop in applications translates into a significant decrease in current revenue to the Patent and Trademark Office (‘PTO’) from fees.  The drop in revenue creates a major […]

The United States trademark system is a “use” based system.  Using your trademark bestows upon you the benefits of trademark ownership so long as you are the first to identify your particular goods and services in the geographical region in which you do business.  Use is paramount and can even trump another user’s valid federal […]

Department of Homeland Security

Registering Your Copyrights and Trademarks with the Department of Homeland Security Yes, that’s correct.   According to the The U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, trade in counterfeit and pirated goods threatens America’s economy, U.S. workers, national security and the health and safety of consumers. Stopping the flow of […]

insert a link - link building warnings

In our Internet-enabled world, businesses that do not operate their own web site are the exception, not the rule.  Web site owners constantly strive to create dynamic, interesting content.  Sometimes, the courts rule they have gone too far even when the legal ice is very thin.  Slate, the online daily, recently reported the following.  A […]