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, […]
Trademark
Patent Filings and Revenue are down at the PTO
April 20, 2009
Trademark
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 […]
Trademarks — Use Them or Lose Them but Don’t Fudge It!
April 20, 2009
Trademark
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 […]
Are pirates selling counterfeit goods bearing your trademark on EBay? Are unlicensed copies of your software or bootleg copies of your CD being sold on EBay? Has ad copy been lifted from your web site and placed in EBay ads? Are knock-offs of your patented invention being sold on EBay? If you answer ‘yes’ to […]
Where Should I Register my Copyrights and Trademarks? 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 counterfeit goods into […]
Linking May be Dangerous to Your Health
March 18, 2009
Internet Law, Trademark
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 […]