Just over two years ago, we reported on the CAFC’s landmark trademark fraud decision of In re Bose, here, here, and here. In addition, I wrote a piece for Thomson Reuters’ Client Times Online called True Lies, Trademark Fraud, and the Medinol Detour: The Federal Circuit Reverses In re Bose." Our friend, John Welch over at the… Continue Reading
Tag Archives: Trademark Fraud
What Serious Trademark Owners Do
Posted in TrademarksThere are many things that serious trademark owners do throughout the lifecycle of a trademark to mitigate risk, protect the valuable goodwill in their underlying brand, and preserve their valuable investment in this important intellectual property asset. Here is a fairly extensive, but certainly not exhaustive, and often forgotten, list of those things: Clear new marks before using them… Continue Reading
Trademark Attorneys & Verified USPTO Statements
Posted in Almost Advice, Law Suits, Trademarks, TTAB"Just because you can," is rarely a good reason to support a decision that really matters. This principle is no less true in the trademark world than it is elsewhere. So, relying on your own navigation of the U.S. Patent and Trademark Office’s (USPTO) online search database without also seeking a trademark attorney’s competent analysis of the… Continue Reading
Registration Symbol Misuse As Trademark Fraud?
Posted in Marketing, Trademarks, TTABTrademark 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
The Mark of a Real Trademark Bully
Posted in Dilution, Domain Names, Famous Marks, Trademarks, TTABSeems as though there is a lot of discussion and news reports these days about bullying and how to put a stop to it: School bullying, workplace bullying, and cyber-bullying, to name a few of the most common types. Fair enough, as I recall, my seventh grade PE teacher was a real bully. However, for those… Continue Reading
Trademark Fraud = Reckless Disregard For The Truth?
Posted in TrademarksAaron 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
Tavern on the Green Dispute Rages On
Posted in TrademarksThe Tavern on the Green dispute came to a swift end, for the time being. U.S. District Court Judge Miriam Cedarbaum granted summary judgment in favor of the City of New York, ordering cancellation of LeRoy’s federal trademark registration for the TAVERN ON THE GREEN mark in connection with restaurant services on the basis of fraud. (See… Continue Reading
Reverse Domain Name Hijacking: An Emerging Negligence Standard?
Posted in Domain Names, International, TrademarksA 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
True Lies, Trademark Fraud, and the Medinol Detour
Posted in Almost Advice, Law Suits, Loss of Rights, Trademarks, TTABTrademark types: As promised, here are some of my more detailed thoughts and perspectives (at least for the time being) on the most significant trademark case of the year: In re Bose. Thanks to Thomson Reuters for asking me to share them with their readers. I look forward to some great dialogue on the likely… Continue Reading
CAFC Redirects TTAB in Trademark Fraud Ruling Today: In re Bose Decided
Posted in Law Suits, Loss of Rights, Trademarks, TTABToday 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
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...