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Tag Archives: Fraud

Counterclaims for Cancellation Are Like Yoga Pants for Your Infringement Defense

Posted in Advertising, Fair Use, Fashion, Infringement, Law Suits, Loss of Rights, Trademarks, USPTO

Here’s one piece of advice you’ll hear from just about any trademark attorney: apply to federally register your marks as soon as financially possible. It is a very important step to take in order to protect your brand. A federal registration provides nationwide rights over any third-party that begins use of a confusingly similar mark… Continue Reading

As the Trademark Fraud Pendulum Swings

Posted in Articles, Law Suits, Trademarks, TTAB, USPTO

Once upon a time, and for decades thereafter, trademark fraud claims were highly disfavored. They were criticized as unproductive litigation diversions — “often pled,” but “rarely proven.” To succeed — during that lengthy period of time — the alleged fraud had to be “proven to the hilt,” with “clear and convincing evidence,” leaving nothing to… Continue Reading

“Would You Rather…?” Litigation Update

Posted in Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the “Would You Rather…?” trademark registration.  Subsequent to the Ninth Circuit’s decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v…. Continue Reading

Registration Symbol Misuse As Trademark Fraud?

Posted in Marketing, Trademarks, TTAB

Trademark types frequently encounter brand owners and managers with substantial misunderstanding and confusion about when use of the federal registration notice symbol is lawful. Most of the time a misuse or technical violation results from an honest mistake, but sometimes the misuse is, and starts out intentional, or perhaps the misuse begins to look intentional if it isn’t promptly… Continue Reading

Trademark Fraud = Reckless Disregard For The Truth?

Posted in Trademarks

Aaron Keller was busy yesterday making weighty predictions about the basis for our next economy: The Designed Economy. As I prepare to provide attendees at the Midwest IP Institute tomorrow with a trademark fraud update — today, I thought I’d provide a preview — and even go out on a small limb — making a couple of predictions of my own, relating… Continue Reading

All in the Name of Vicious Domain Name Grabbing?

Posted in Domain Names, Goodwill, International, Keyword Ads, Marketing, Search Engines, Social Networking, Trademarks

We thought we had arrived when DuetsBlog made a listing of the Top 100 Branding Blogs, and it also was kind of nice when the DuetsBlog mark became federally registered, but now it appears we have reached yet another level of notoriety, appreciation, and respect altogether, as DuetsBlog is now receiving the most thoughtful of email solicitations all the way from Hong… Continue Reading

Reverse Domain Name Hijacking: An Emerging Negligence Standard?

Posted in Domain Names, International, Trademarks

A recent domain name decision under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP Policy), captioned Bin Shabib & Associates (BSA) LLP v. Hebei IT Shanghai ltd c/o Domain Administrator, found reverse domain name hijacking, under some rather interesting, if not questionable circumstances. The Rules that govern the UDRP Policy define Reverse Domain Name HiJacking as "using the… Continue Reading

Fraud at Domain Name Auction House

Posted in Domain Names

–Dan Kelly, Attorney A bomb exploded in the domain name aftermarket world on Wednesday.  A well-known domain name auction house called SnapNames.com announced that one of its (now former) employees had been bidding as a shill in many online domain name auctions run by the company since 2005.  SnapNames has an FAQ page on the… Continue Reading

CAFC Redirects TTAB in Trademark Fraud Ruling Today: In re Bose Decided

Posted in Law Suits, Loss of Rights, Trademarks, TTAB

Today is a really, really big day for trademark types. As many of us have been saying for a couple of years now, trademark fraud (i.e., fraud on the U.S. Trademark Office) continues to be one of the hottest issues facing trademark owners and the attorneys who represent them. Perhaps after today, not so much, but who really… Continue Reading