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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....
Have You Ever Received an E-mail from China About Registering a Domain Name 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...
Why did Mars Inc. File a Trademark Infringement Lawsuit against a Small Company?
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?
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...
Trademark Abandonment: When Has a Trademark Been Abandoned?
Would you want another business to “freeload” off of your business’ goodwill? If your business does not protect its trademarks and service marks, that is exactly what can happen. If another business wants to use your business’ mark, it can petition a court to...
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