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...
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? 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 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...
Simon Tam, the lead singer of The Slants, chose his band’s name in order to “reclaim” the term and “drain its denigrating force as a derogatory term for Asian persons.” In 2011, he attempted to trademark the name, but the U.S. Patent and Trademark Office refused...
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...
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....
Candy maker Mars Inc. is suing a Wisconsin woman over chocolates she is selling under a name that the company argues is "confusingly similar" to its cocoa extract supplements called CocoaVia. Mars said in a federal lawsuit filed March 24 that the chocolates sold in...
Why Can't Deadmau5 Register his Cat's Name as a Trademark? Have you heard? Deadmau5 has a cat called Prof. Meowingtons, PhD, so named because he meows a lot, as in “meowing tons.” (This comes as news to us at Verna Law, however, we can accept this as...
This is not the most typical advice you will see on a law firm website. Litigation is about parties coming to fight in...
The parent company of Pornhub is demanding that a restaurant in the East Village of New York City change its logo....
Let's talk a little bit about the Post cereal lawsuit against OkGo. I think there's been a lot of confusion about...