Trademark Articles +

Co-Branding, Commercial Tie-Ins and Celebrity Endorsements
Roger Goff, Partner, Wolf Rifkin Shapiro Schulman Rabkin, LLP

Intellectual property law is often a reflection of the delicate balance between personal freedom and commerce. The individual’s right to free expression of ideas is a primary tenet of our political system and national culture. However, equally central to our way of life is each individual... learn more

Supreme Court ruling on TTAB decisions bears implications for federal trademark litigation

Yesterday, in B&B Hardware v. Hargis Industries, the Supreme Court applied ordinary principles of issue preclusion to Federal trademark litigation that follows contested proceedings in the Trademark Trial and Appeal Board (“TTAB”). Specifically, the Court held that... learn more

Don't Capitulate, Litigate against Trademark Trolls!
Trademark Litigation
IP Litigator

Trademark trolls are in the business of litigation but not necessarily litigating. This is because "trademark trolls" agressively assert rights to which they aren't actually entitled, typically seeking to extract settlement or license payments from deep-pocketed companies in strongly... learn more

Generating Revenue Streams
Putting your intellectual property assets to work
Financier Worldwide
Trademark Protection Mechanisms in the New gTLD Era
Trademark Litigation
IP Litigator

It has always been a considerable task to police something as vast as the Internet for trademark violations and abuse. As the Internet develops with the ongoing launch of hundreds of new generic Top-Level Domains (gTLDs), so does the host of enforcement options available to those seeking to... learn more

Trademarks in Film, Television, Webcasts, Video Games and Songs
Daniel L. Rogna
Advanced Trademark Law Annual Review 2014

 The use of trademarks in entertainment reveals a tension between the desire to prevent consumer confusion and protect goodwill on one hand and the desire to give great latitude to artistic expression and non-commercial speech. Brand owners may desire a monopoly but that is not what the law... learn more

Hoppy Ever After: Lessons from the Beer Industry on Collaboration, Not Litigation
Trademark Litigation
IP Litigator

With the craft beer industry rapidly growing, so too have the number of infringement disputes brewing over beers branded with identical or confusingly similar names. However, it hasn't been all litigation, all the time. In fact, many brewers have been able to resolve these conflicts amicably... learn more

Weak Trademarks Create an "EPIC" Problem
A Cautionary Tale Reveals Two Simple Lessons to Avoid a Social Media Firestorm when Enforcing Trademarks
IP Litigator

Weak trademarks can set a company up for failure, particularly if perceived as a “bully” enforcing them as the Specialized Bicycle Component Company (Specialized) recently learned the hard way. However, the Specialized case described more fully ... learn more

A Different Kind of Prescription Drug Abuse: Trademark Infringement
Trademark Litigation
IP Litigator

Because the consequences of a consumer confusing prescription medicine names could be dire, those in the pharmaceutical industry seeking brand names for new medicine must not only seek traditional trademark protection, but also approval from the Food and... learn more

The Neighborhood Just Got Bigger
Protecting Trademarks in the Expanded Internet
Nonprofit World

In the past two decade the Internet has become a critical tool to educate the public, connect with volunteers and supporters and raise funds. However, that Internet is changing.

Domain names are no longer limited to .com, .net or .org, the standard generic top level domains (gTLDs).... learn more

1930 Reasons to Watch the Internet
Strategies to Protect Your Brand
Lessons to Preserve Your Brand
NonProfit World

What’s in a name? Leading nonprofit organizations know the answer: a great deal. Organizations such as the Red Cross, YMCA and Rotary are vigilant in protecting their brands and trademarks. Unfortunately, others too often overlook brand protection due to lack of knowledge or resources,... learn more

Insurance Coverage for IP and Related Business Claims
Insurance Coverage may not be the most thrilling topic, but it has potential for protecting gobs of money

Insurance coverage isn’t the most thrilling topic. There’s a reason that everybody got the joke in the movie Groundhog Day when Bill Murray’s character finally punched Ned “Needlenose” Ryerson because Ned brought up insurance once too often.

Underlying all... learn more

Melaina D. Jobs
Intellectual Property - Illinois State Bar Association

On January 25, 2013, the Department of Health and Human Services (HHS) issued a Final Rule modifying the Privacy, Security, and Enforcement Rules of the Health Insurance Portability and Accountability Act’s (HIPAA). The Final Rule implements amendments made under the Health... learn more

The Goldilocks Dilemma: Five Rules to Enforce Your Trademarks
When it comes to trademark policing, there's a balance between "bully" and "softy."
IndustryWeek magazine

 Calibrating the response to a potential trademark infringement can be a delicate balance worthy of Goldilocks.

Don’t worry, major corporations — including the owners of some of the most well known brands — are also finding it difficult to navigate. No one wants to... learn more

Preserving the right to nationally expand your brand
Just because you came up with an original name for your restaurant doesn’t mean you own the rights to it nationally. Here’s what you need to know.
Restaurant Hospitality magazine

As outside counsel for successful start-ups in the restaurant industry, we see the problem far too often. The restaurant entrepreneur invests hours to prepare for the successful launch of a new restaurant. There is no limit on the creative ideas (except for money). Everything goes into the new... learn more

The Best Defense Against Fraudulent Foods
Restaurant Hospitality magazine

In March 2012 the New York Times reported that FBI agents arrested a leading wine merchant on charges that he had sold more than $1.3 million in counterfeit wine. He was charged with mail and wire fraud. As FBI assistant director Janice Fedarcyk explained, “the bad faith sale of any... learn more

Ten Critical Steps to Protect Intellectual Property in Global Markets
Don't assume patent protections in your home country are the same elsewhere. Just ask Apple.
IndustryWeek magazine

You would think if anyone can clearly claim to own the iPad trademark it's Apple Inc. But in China that's not necessarily the case.

The company with the world-famous brand lost a court case in Shenzhen Intermediate Peoples Court in late December last year. According to the court ruling, a... learn more

New Considerations for Attorneys Representing Organizations Covered by HIPAA in Trademark Matters
Focus on Pharma
Melainda D. Jobs
Intellectual Property Magazine
US President Barack Obama, on February 17, 2009, signed The American Recovery and Re-investment Act of 2009, also known as the "Stimulus Bill." The Stimulus Bill altered the healthcare landscape by...">

US President Barack Obama, on February 17, 2009, signed The American Recovery and Re-investment Act of 2009, also known as the "Stimulus Bill." The Stimulus Bill altered the healthcare landscape by... learn more

The HIPAA Hurdle Trips up Attorneys
Melainda D. Jobs
The Corporate Lawyer - Illinois State Bar Association

On February 17, 2009, President Obama signed The American Recovery and Re-investment Act of 2009, better known as the "Stimulus Bill." The Stimulus Bill ammended the Health Insurance Portability and Accountability Act ("HIPAA") mandating that Business Associates of covered... learn more

Counterfeit Wines Leave Bad Taste for Chicago Trademark Lawyer - Recalling Erzatz Pine-Sol

One of my hobbies is wine tasting. So it's no surprise that an article from the Wall Street Journal recently grabbed my attention. It said: "U.S. Investigates Counterfeiting of Rare Wines." The very idea assaults the senses. According to the article, the targets of the... learn more

Five Key Questions about IP Help Increase Market Value and Improve Bottom Line Results
Intellectual assets are critical to business success in today's global market.

If you are a CEO, CFO, GC or other business leader, asking questions about these assets will help you to bring added value to your company.

Failure to consider these issues yields adverse business consequences, including unrealized value, unnecessary expense and legal risk.

Routine... learn more

Intellectual Property is Your Greatest Asset - Four Ways to Create Value

Intellectual Property makes you or your business worth more than you can be worth on your own. IP lets you command a premium for your services. It lets you make money in your sleep. It lets you create a business that can be sold to others or passed on to your heirs.

Too often IP... learn more

The Higher HIPAA Hurdle
Sherry L. Rollo
Intellectual Property

In April 2001, the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule") issued under the Health Insurance Portability and Accountability Act (HIPAA) became effective. Since that date trademark attorneys have grappled with the effects and methods of... learn more

Hopping the HIPAA Hurdle: Proving Trademark Use in the Healthcare Industry
Sherry L. Rollo
Intellectual Property & Technology Law Journal

A new and significant issue concerning trademarks in the healthcare industry arises not from a new trademark law or case but from the recent enforcement of the Health Insurance Portability and Accountability Act, commonly referred to as HIPAA, and the Privacy Rule issued under it. Physicians,... learn more