Starting a new business is a complicated process with no shortage of pitfalls. While there are many books, guides, checklists, and other resources out there to help you get started, there is no “one size fits all” approach. You have to take the necessary steps all while avoiding common pitfalls. Trademark infringement is just one … Read more
Whenever there is an important Supreme Court ruling in trademark law, I like to write summaries about the case. Recently, the Supreme Court made its ruling in Romag Fasteners, Inc. v. Fossil Group, Inc. This case dealt with trademark infringement damages, and when they can be awarded. Before this case, there was a split in the … Read more
One of the benefits of obtaining a federal trademark registration is that it tells others that you own your trademark. They can conduct a trademark search and find your registration. Or if they come across your trademark, they will see that you are using the ® symbol. This means that you have registered your mark. … Read more
“Fair use” is a type of defense against claims of infringement in both trademark and copyright law. For that reason, this post will be a rare trademark/copyright crossover. But even though these defenses share the “fair use” name, they are different for trademarks versus copyrights. Fair Use In Trademark Law Most people are probably more familiar … Read more
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