Insights & Tips
Yes. The ownership of a trademark registration is not a prerequisite for filing a trademark infringement action. If the trademark has been used in a way that has created a public association between the mark and the products or services, the owner of t …
In the United States, trademark rights are acquired through use of the mark on or in connection with the goods or services. While registration of the mark usually provides substantive and procedural benefits to the trademark owner, trademark rights are …
While the word “trademark” is commonly used broadly to describe all “marks” there are actually several different kinds of marks that are protected under the law: trademarks, service marks, certification marks and collective marks. A trademark is used t …
Under the doctrine of fair use, even where a word or phrase has acquired secondary meaning, it can retain its original primary meaning in English, if any. Such marks can still be used freely when they are used in their original sense and not in a misle …
To show that something has acquired secondary meaning, the following evidence may be relevant: Age and history of the mark. Amount of effort and expenditure used to promote the mark as a name or symbol distinctive of the plaintiff’s goods or services. …
Things can become protectable trademarks in two ways: 1) by being inherently distinctive, or 2) by becoming distinctive. “Secondary meaning” is another term used to indicate “acquired distinctiveness” and means that the mark has come to indicate to con …
A trademark is a word or other kind of symbol that is used by a person or company to distinguish its goods or services and indicate their source. For example, Ford Motor Company uses the trademark MUSTANG to distinguish a line of cars. Under the United …
The U.S. Department of Labor (“DOL”) publishes a guidebook for businesses with general information on the laws and regulations enforced by the the DOL. The guidebook describes the statutes most commonly applicable to employers and explains how to obtai …
There are several steps you should take to preserve your company’s trade secrets when an employee decides to leave the company. All departing employees should be asked to participate in an exit interview to learn about the employees plans after depar …
For you to follow developments in Intellectual Property law and business, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about “IP, Copyright, Trademark, and Advertising” from sources across the Web. This link will t …
For you to follow developments in art, gallery, auction and museum law and business news, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about the art industry from sources across the Web. This link will take you dir …
For you to follow developments in Fashion Law and Business News, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about the fashion and apparel industry from sources across the Web. This link will take you directly t …
