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What happens in a trademark infringement lawsuit?
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 Logo ® Important?
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...
What is Acquired Distinctiveness or Secondary Meaning?
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...
What is a Work Made For Hire?
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...
Bona Fide Intent to Use a Trademark in an Application
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...
Trademarks for Music Groups or Songs
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...
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