Navigating Trademark Infringement: A Comprehensive Guide Introduction: Dealing with a trademark infringement lawsuit is a complex and challenging process. At Verna Law, P.C., we often assist client who face such a legal challenge. This experience prompted us to share...
Is the Registered Trademark Symbol (®) Crucial? Absolutely! According to the Lanham Act, failing to use the registered trademark symbol or an equivalent notice can have serious implications. Under 15 USC § 1111, in any infringement suit, a registered trademark owner...
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 just the...
Understanding the Work Made for Hire Doctrine in Copyright Law A work made for hire is a creation protected by copyright law, crafted by an author or creator for another individual or corporate entity. Copyright protection rests in the entity who has commissioned...
Enhancing Trademark Applications: Understanding In-Use and Intent-to-Use Trademarks in the United States In the realm of trademark applications within the United States, two distinct categories come into play: In-use trademarks Intent-to-use trademarks. In-Use...
Title: Trademarks in Music: Can a Song Define a Band's Brand? The name of a song can only function as a trademark if there is another use of the song - in apparel, for example. The title of a single creative work, such as a song, cannot function as a trademark. An...
It is not uncommon for a trademark applicant to ignore the date of first use in a trademark application. This is because it seems as if it is a small detail to a trademark application. However, every trademark application has risk. If your trademark specimen does not...
Many congratulations to I Heart Guts, a proud client, on winning the Best of Toy Fair 2014 award from Popular Science on February 19, 2014! See some other updates from Verna Law visiting Toy Fair: Toy Fair 2017;Toy Fair 2020;Intellectual Property and the Toy...
Is a hashtag on Twitter a trademark? Can you trademark a hashtag? Can you trademark a hashtag? In today’s digital age, businesses are leveraging the power of Twitter to promote their goods and services through impactful hashtags. These concise symbols not only...
Over time, the FTC has settled with several companies for advertising violations. So, yes, the Federal Trade...
What is Trademark Infringement? Trademark infringement is the unauthorized use of a registered trademark or of a...
A trademark is any device – such as a word, phrase, stylized word, logo, color or sound – that allows a consumer to...