Tag Archives: trademark infringement

Ask Dr. Copyright © About Infringement

March 21, 2024 Ask Dr. Copyright

Dear Doc: How can a person tell if one stuffed toy infringes the intellectual property rights in another stuffed toy?  Asking for a friend. Signed,J. Sinestvet Dear J: When the Doc was about to graduate from law school, he was interviewed for a job at a prominent Philadelphia patent law firm. The Doc has a […]

Unannounced Seizure – The Ultimate Protection

October 30, 2023 Trademark

Trade secret owners have a powerful new remedy to protect their stolen trade secrets, one that is not generally available in civil actions. The Defend Trade Secrets Act (DTSA) provides a right for the trade secret owner to ask the court for an ex parte order to seize property (18 U.S.C. § 1836). Ex parte […]

“Reverse Confusion”: Don’t Be Confused

October 2, 2023 Trademark

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]

Counterfeiters On Your Property? Don’t Turn a Blind Eye

September 4, 2023 Trademark

Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches?  It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]

The Shop Safe Act of 2020 – the Remedy We’ve Been Looking For?

April 8, 2021 Trademark

In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]

SCOTUS To Consider Dog Poo?

November 12, 2020 Trademark

No joke, sometimes, we come across a trademark dispute that cries out for a mention. Here’s one. VIP Products (“VIP”) sells among other things a line of toys, which it calls “Silly Squeakers.” Dog lovers/readers may be familiar with them. The line of vinyl dog toys consists of vinyl replicas of liquor, beer, wine, and […]

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 […]

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