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Tag Archives: priority

Don’t Get TRUMPed By a First-Filer

Posted in Almost Advice, Branding, Infringement, Loss of Rights, Trademarks

Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications. The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally, is rather opaque… Continue Reading

A Good Old-Fashioned Priority Fight

Posted in Almost Advice, Trademarks, TTAB

–Dan Kelly, Attorney The Trademark Trial and Appeal Board issued a rare decision at the end of last month in the case of Weatherford/Lamb, Inc. v. C&J Energy Services, Inc.  The two companies offer, among other things, oil and gas well fracturing services (explanation here).  Weatherford uses the trademark FRACSURE for its services, and C&J… Continue Reading

Laboring Over Concurrent Trademark Registrations & Frozen Trademark Rights

Posted in Food, Goodwill, Infringement, Loss of Rights, Trademarks

Today marks the end of the 2010 Minnesota State Fair. Sad day, but Happy Labor Day! It also marks an opportunity to talk a bit about the frequently encountered question of trademark priority, frozen trademark rights, the creation of common law trademark rights, and the frequently forgotten concurrent registration trademark tool, using my favorite frozen custard stand at the MN State Fair, as… Continue Reading

First iPhone, Now iPad: Guessing at Apple’s Trademark Clearance Strategy

Posted in Branding, Counterfeits, Dilution, Infringement, Marketing, Trademarks

–Dan Kelly, Attorney Can you spot the genuine iPad? Back in July, I blogged about my then-discovery that Apple did not own the federal trademark registration for iPhone.  Needless to say, when I heard about Apple’s new iPad product, I just had to see if they were out in front in securing trademark rights to… Continue Reading