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...
The special guest in Episode 27 of the "Law & Business" podcast is John Eastwood, a partner at Eiger Law in Taipei. John and Anthony discuss the issues that many American businesses have when they start production of their products in the Greater China Market. As...
This is our first "Law & Business" podcast episode recorded during the International Bar Association annual convention. This year it was in Sydney, New South Wales, Australia. With John Rubinstein formerly of Rubinstein Phillips Lewis Smith Ltd. of London,...
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...
Let's define the situation: You've registered your domain name. You have your website going. Then you receive an e-mail similar to this: "(It's very urgent, please transfer this email to your CEO. Thanks) We are the domain registration and solution center in...
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...
Let's talk a little bit about the Post cereal lawsuit against OkGo. I think there's been a lot of confusion about...
The "Law & Business" podcast has returned. Once again, we are with Heather Abissi, our co-host, from Abissi Law....
The company that holds all of Elvis Presley’s merchandising rights, Authentic Brands Group (ABG), is telling everyone...