When I first settled a trademark infringement suit for about $20,000, I thought I did a great job. The client did have to change the trademark and did have to send the excess product to a company to destroy the products, but I still thought it was a great settlement...
Lawsuit Articles
Supreme Court Rules that a Certificate of Registration is Required before a Copyright Infringement Lawsuit is Instituted
Navigating Recent Supreme Court Insights on Copyright Law: A Game-Changer for Copyright Owners On March 4, 2019, the Supreme Court delivered a seemingly subtle but impactful ruling in the realm of copyright law, eliminating a minority view within specific federal...
What is Required in an Intent-to-Use Trademark Application?
Many people and small businesses apply for a trademark under Section 1(b) of the Trademark Act, in which the applicant affirms that the applicant has a bona fide intent to use the trademark applied for in commerce. Section 1(b) of the Trademark Act says specifically...
Episode 29 – Law & Business Podcast – Thoughts on Infringement of Intellectual Property and Enforcement
On Episode 29 of the Law & Business Podcast, Wil Jacques and Anthony Verna talk about copyright infringement, trademark infringement, patent infringement, and some thoughts to avoid infringement. What one needs to do is to assess the amount of damages that may be...
Law & Business Podcast Episode 26: Ed Heerey Helps Compare U.S. and Australian Rights of Privacy and Publicity Law and Issues
In the Law & Business Podcast Episode 26, Australian barrister Ed Heerey helps to compare U.S. and Australian Rights of Privacy and Publicity law and issues. This is one of the most fun episodes of the podcast. Anthony visits Ed Heerey, an Australian...
Will the Plaintiff Buy my Trademark?
Will the Plaintiff Buy my Trademark? It's a situation that many of my clients find themselves in. In filing a trademark application with the United States Patent and Trademark Office (USPTO), the applicant turns into a defendant in the Trademark Trial and Appeal...
Monitor Your Trademarks
Monitor Your Trademarks One responsibility trademark owners neglect often is to monitor trademarks. This is probably due to a lack of understanding about the trademark application and registration process. During (and, hopefully, before) the trademark...
What are the DuPont Factors?
What are the Dupont Factors? The scope of a trademark – either its use or its application for registration – is determined by whether there is “likelihood of confusion” (note that this is different from whether there...
Important Patent Litigation Decision from the Supreme Court
Navigating Patent Lawsuits Post-TC Heartland Decision: Understanding Jurisdiction and Venue Introduction: On May 22, 2017, the Supreme Court rendered a pivotal decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, reshaping the landscape of patent litigation....
More Thoughts on the Higbee, PicRights, Oppenheimer, KodakOne, Pixsy, and Photoclaim Demand Letters
In our previous blog post about copyright demand letters, we discussed some ways to respond to the letters. Since...
IP Lawyer Near Me
Verna Law, P.C. is an intellectual property law firm with a team of intellectual property lawyers and a patent agent...
Defending the Trademark Infringement Lawsuit: Have You Prepared to Lose?
This is not the most typical advice you will see on a law firm website. Litigation is about parties coming to fight in...