Home Depot

– Draeke Weseman, Weseman Law Office, PLLC

Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here.

Despite the fact that in most cases, a “likelihood of confusion” test governs both determinations, the right to use and the right to register are not

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks.

So, when

Little did I know when I was writing What’s in an Orange-Colored Home Improvement Business Name? — that two days later, orange-color marks would be asserted in a trademark infringement lawsuit filed in Minnesota federal district court over competing building construction services: Cedar Valley Exteriors, Inc. v. JNS Builders LLC. A copy of the

How many think of Home Depot when the generic and industry category words “Home Improvement” appear in the color orange? I do, that’s why I snapped this photo of signage on a local strip mall the other day.

Apparently, there used to be a business in Champlin, Minnesota called “Wholesale Home Improvement Center” — nice