by anthony verna | Mar 30, 2014 | Lawsuit, Litigation, Trademark Law
Recently, one of our clients was sued for trademark infringement. It sets off a hurried response of gathering facts, generating a timeline, and review of the legal theories involved (for the plaintiff and for the defendant). How do I avoid being sued for trademark...
by anthony verna | Mar 27, 2014 | Trademark Law
Is the Registered Trademark Logo ® Important? Yes, it is! Under the Lanham Act, if the owner of a registered trademark does NOT use the r-in-a-circle symbol or give equivalent notice, then that owner cannot receive profits or damages in an infringement lawsuit. 15 USC...
by anthony verna | Mar 24, 2014 | Trademark Law
Acquired distinctiveness refers to distinctiveness of a trademark that is not inherent, but that rather develops through use of the mark over time, such that consumers associate the mark with a secondary meaning — as an indication of source — rather than...
by anthony verna | Mar 2, 2014 | Copyright Law
A work made for hire is a work that is protected by copyright law that the author (creator) made for another person or corporate entity. Sometimes, that work is prepared by an employee within the scope of his or her employments. Other times, there must be a written...
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