Trademark
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Proving Common Law Trademark Rights in Court
Proving common law trademark rights in court requires demonstrating prior, continuous, and bona fide use of the mark in actual commerce within a defined …
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Can I Legally Use a Brand Name That Already Exists?
The Delta Test: Same Name, Different Industries Delta is an airline. Delta is also a faucet brand. Both use the same word, and both coexist legally. The …
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Structuring Trademark Assignments With Reversion Rights
Structuring trademark assignments with reversion rights involves drafting clear, written agreements that specify the conditions under which ownership reverts to …
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Trademark Functionality: When Design Elements Can’t Be Protected
Trademark functionality is critical in determining when design elements cannot be protected by trademark law. A design is considered functional if it affects …
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Sublicensing Rights in Trademark License Deals
Sublicensing rights in trademark license deals permit a licensee to authorize third parties to use the licensed trademark within defined parameters. These …
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Legal Exposure From Using Legacy Trademarks Without Renewal
Using legacy trademarks without renewal entails significant legal exposure, including loss of exclusive rights and weakened brand protection. Such lapse risks …
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TTAB Motion Practice: An Overview
TTAB motion practice encompasses specific procedures for handling trademark registration disputes. It includes various motion types, such as motions to dismiss, …
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Discovery in TTAB Proceedings: An Overview
Discovery in TTAB proceedings is a vital phase that allows parties to gather evidence and shape their cases. This structured process enables the exchange of …
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Trademark Opposition Success Rates: Understanding the Odds
Trademark opposition success rates vary significantly based on case strength and specific circumstances. Strong cases yield a 70% success rate, while moderate …
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Trademark Rights in Product Repackaging & Labeling
Trademark rights grant exclusive control over the use and presentation of marks to protect brand identity and prevent consumer confusion. In product …
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Trademarks Lost Due to Missed Section 8 Renewals
Trademarks are lost primarily due to failure in timely filing of Section 8 declarations, which affirm ongoing commercial use. Missing these mandatory renewals …
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Trademark Retroactive Licensing: Addressing Past Unauthorized Use
Trademark retroactive licensing serves as an important tool for addressing past unauthorized use of trademarks. It legitimizes prior infringements while …
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Lanham Act Section 43(a): Understanding False Advertising Claims
The Lanham Act Section 43(a) serves as a crucial framework for addressing false advertising claims. It defines false advertising as misleading or deceptive …
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Trademark Specimens That Trigger USPTO Refusals
Trademark specimens often trigger USPTO refusals when they fail to demonstrate actual, current use of the mark on the specified goods. Common issues include …
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Trademark Coexistence Agreements: Common Mistakes
Common mistakes in trademark coexistence agreements include unclear scope definitions, neglecting future business developments, and insufficient geographic and …
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Trademark Portfolio Audit Checklist
A trademark portfolio audit checklist includes identifying all registered marks with classifications and jurisdictions, verifying active registration status, …
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The Constructive Notice Doctrine in Trademarks
The Constructive Notice Doctrine in trademarks creates a legal presumption that all individuals are aware of registered trademarks, irrespective of actual …
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Lanham Act Section 2(f): Acquired Distinctiveness Requirements
Section 2(f) of the Lanham Act permits the registration of marks that have acquired distinctiveness, indicating a secondary meaning in the minds of consumers. …
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Trademark Unclean Hands Doctrine: Preventing Unfair Practices
The trademark unclean hands doctrine is a fundamental legal principle that bars relief to parties demonstrating unethical conduct in trademark disputes. By …
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Trademark Fraud on the USPTO: Penalties and Consequences
Trademark fraud undermines the integrity of the USPTO’s registration system, leading to serious legal penalties, including cancellation of registrations, …
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Trademark Settlement Agreement: A Guide
A trademark settlement agreement is a legally binding document that resolves disputes regarding trademark rights. It outlines the responsibilities of each …
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Trademark Invalidity Grounds: A Comprehensive List
Trademark invalidity grounds include lack of distinctiveness, where marks fail to stand apart in consumers’ minds, and descriptiveness, requiring …
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Understanding Trademark Estoppel
Trademark estoppel is a legal doctrine that prevents parties from making claims about trademarks that contradict previous conduct or acknowledgments. It fosters …
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Trademark: Opposition Evidence Standards
Trademark opposition proceedings rely on rigorous standards for evidence. Admissible evidence must be relevant and reliable, often including affidavits, market …
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Trademark Assignment Documentation: Best Practices
Trademark assignment documentation is crucial for a valid transfer of ownership. Best practices include clarity in identifying parties and trademark rights, …
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Token Use Doctrine in Trademarks
The Token Use Doctrine in trademarks refers to minimal use that may not satisfy legal standards for trademark protection. Insufficient use can lead to claims of …
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Trademark: Jurisdictional Analysis
Trademark jurisdiction involves the legal authority of courts to resolve trademark disputes, significantly influencing the enforcement of trademark rights. …
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First Use vs. Priority Date: Understanding Trademark Rights
First use refers to the initial date a trademark is utilized in commerce, establishing rights based on actual usage. In contrast, the priority date is the date …
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Trademark Infringement Examples: Real-World Scenarios
Trademark infringement examples highlight significant legal conflicts in the fashion and retail industries. Cases such as Adidas vs. Forever 21 and Tiffany …
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How the Trademark Registration Process Varies Across Different Entities—and Typical Timelines for Business Owners
Trademarks serve as brand identifiers that allow businesses to build recognition, trust, and loyalty among consumers. They are essential assets that can …
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Trademark Considerations When Two Businesses Share the Same Name
A business name is more than just a label—it represents the identity, reputation, and goodwill of a company. It distinguishes a business from competitors and …
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The Presumption of Validity in Trademark Law
The presumption of validity in trademark law asserts that registered trademarks are valid and enforceable until challenged. This principle facilitates commerce, …
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Trademark Goodwill Damage Claims: An Overview
Trademark goodwill damage claims reflect the intangible value of a brand and the detrimental effects of trademark infringement. Such claims assess losses …
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Trademark Misrepresentation: Avoiding Deceptive Practices
Trademark misrepresentation can severely damage consumer trust and brand integrity. It comprises deceptive practices that mislead consumers about the origin or …
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Trademark: Confusion Among Sophisticated Consumers
Trademark confusion among sophisticated consumers is a nuanced issue, as their extensive product knowledge often exacerbates misidentification within complex …
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Trademark Equitable Defenses
Trademark equitable defenses are crucial in litigation, providing mechanisms that protect fairness alongside trademark rights. Key defenses include laches, …
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Trademark: Specimen Substitution
Trademark specimen substitution is vital when initial submissions are deemed inadequate. This process involves providing new evidence that demonstrates a …
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Trademark: Constructive Use Doctrine
The Constructive Use Doctrine, outlined in Section 7(c) of the Trademark Act, asserts that priority for trademark rights is determined by the filing date of the …
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Trademark: TTAB Decision Outcomes
The Trademark Trial and Appeal Board (TTAB) significantly influences trademark disputes through its decisions, which encompass opposition, cancellation, and …
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TTAB Hearing Procedures: An Overview
The Trademark Trial and Appeal Board (TTAB) governs trademark disputes through structured procedures that manage oppositions and cancellations. These procedures …
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Using Settlement Agreements in Trademark Disputes
Settlement agreements serve as effective instruments for resolving trademark disputes. They enable parties to reach a resolution quickly, saving time and legal …
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Lanham Act Section 32 Explained
Section 32 of the Lanham Act provides critical protections for trademark owners against infringement. It empowers them to initiate legal actions against …
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The Zone of Natural Expansion in Trademark Law
The Zone of Natural Expansion in trademark law allows trademark holders to extend their rights beyond initial goods and services into related markets. This …
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Understanding the Differences Between Trademarks and Intellectual Property
Intellectual property and trademarks are distinct yet interconnected concepts. Trademarks, a specific type of intellectual property, protect brands, logos, and …
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Best Practices for Trademark Assignment Agreements
A thorough trademark assignment agreement should meticulously outline the scope of the assignment, accurately identify the parties involved, and clearly define …
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Discovery in Trademark Litigation
In trademark litigation, discovery is a critical phase where parties exchange information and evidence to clarify the issues in dispute. Failure to comply with …
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Counterclaims in Trademark Infringement Cases
In trademark infringement cases, defendants often assert counterclaims to shift the burden of proof and create a more level playing field. These counterclaims …
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Counterclaims in Copyright Infringement Defense
In copyright infringement defense, counterclaims can be a powerful tool for shifting the attention from alleged infringement to the plaintiff’s potential …
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Exploring Lanham Act Section 45
Section 45 of the Lanham Act is crucial for trademark law. It defines fundamental terms and sets distinctiveness requirements important for trademark …
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How to Conduct Thorough Trademark Due Diligence
To conduct thorough trademark due diligence, one must understand trademark basics and classifications. This involves conducting comprehensive searches to …
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Section 44(e) Foreign Registration Basis Explained
Section 44(e) of the Lanham Act streamlines the U.S. trademark registration process for foreign applicants. It allows them to base their applications on …
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Overview of TTAB Opposition Proceedings
The Trademark Trial and Appeal Board (TTAB) administers opposition proceedings to resolve disputes regarding trademark applications and registrations. This …
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How Defamation Claims Interact With Trademark Law
Defamation claims intersect with trademark law by addressing the reputational harm caused by false statements related to a brand. While trademark law protects …
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Substantial Similarity Analysis for Trademarks
Substantial similarity analysis in trademark law assesses the likelihood of consumer confusion between trademarks. It considers factors such as visual design, …
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Trademark Bad Faith Filings: What You Need to Know
Trademark bad faith filings exploit the registration system for illegitimate aims, such as obstructing competition or extracting settlements. These manipulative …
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Trademark Use in Meta Tags: What You Need to Know
Trademark use in meta tags involves complexities related to legal implications and potential risks for businesses. Companies must navigate trademark …
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Trademark Estoppel Defense: What You Need to Know
Trademark estoppel is a legal doctrine that prevents parties from making claims based on misleading conduct regarding a trademark. This doctrine arises when a …
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Trademark Assignment in Gross: What You Need to Know
Trademark assignment in gross refers to the transfer of a trademark without its accompanying goodwill. This situation can lead to diminished trademark value, …
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Lanham Act Section 2(a): What You Need to Know
The Lanham Act Section 2(a) establishes crucial criteria for trademark registration, specifically addressing disparaging marks and false associations that may …
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Fraud on the USPTO: What You Need to Know
Fraud at the United States Patent and Trademark Office (USPTO) threatens the integrity of the intellectual property system. Common fraudulent practices include …
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Are Your Trademarks at Risk Globally?
Understanding International Trademark Protection: Is Your Trademark Secure Globally After Registration? Once you’ve carefully developed your brand identity and …
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Are You Unknowingly Breaking the Law by Using Logos Without Trademark Registration?
Is it Safe to Use a Logo Without Registering a Trademark? In the bustling world of business and branding, logos are more than just visual symbols; they are …
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Trademark Nightmare: How to Save Your Business from Name Theft
Protecting Your Brand: Navigating Trademark Issues for Long-standing Businesses Building a successful business requires a considerable amount of effort, …
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Laches Defense in Trademarks: What You Need to Know
The laches defense in trademark law addresses delays by trademark owners in asserting their rights, potentially undermining their claims. Key elements include …
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The Trademark Official Gazette: What You Need to Know
The Trademark Official Gazette (TMOG) is an essential publication by the USPTO that documents trademark filings, registrations, and opposition details. It …
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Trademark Assignment: A Comprehensive Guide
Trademark assignment refers to the transfer of trademark ownership rights from one party to another. This process is essential for brand protection and …
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Surrender of Trademark Registration: When and How
The surrender of trademark registration may occur due to reasons such as brand misalignment, high maintenance costs, or industry changes. To initiate the …
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Trademark Consent Judgments: What You Need to Know
Trademark consent judgments serve as legal agreements to resolve disputes between conflicting parties regarding trademark use. They establish specific terms for …
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The Suggestive Term Test in Trademarks
The Suggestive Term Test distinguishes between suggestive and descriptive trademarks by evaluating whether a term requires consumer imagination to understand …
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Famous Trademark Surveys: A Guide
Trademark surveys serve a critical function in assessing consumer perceptions and brand recognition. They act as crucial instruments in legal proceedings, …
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Trademark: Post-Sale Confusion
Post-sale confusion is a significant issue in trademark law. It compromises consumer trust and brand integrity as buyers often struggle to distinguish between …
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The Family of Marks Doctrine in Trademarks
The Family of Marks Doctrine allows for collective recognition and protection of a series of related trademarks perceived by consumers as originating from a …
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Trademark: Polaroid Factors
The Polaroid Factors provide a structured approach to assess the likelihood of confusion in trademark disputes. Key elements include the strength of the mark, …
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Can I Register a Dead or Abandoned Trademark?
In this video, you get answers to these questions: Can I register a “dead” or abandoned trademark? What is a dead or abandoned trademark? What is trademark …
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U.S. Trademark International Class List
U.S. Trademark International Classes This is a list of classes selected when applying for a trademark registration in the United States: International Classes …
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Can You Trademark a Road Sign?
We are surrounded by road signs. They are on our way to work. They are next to our front yards. They are everywhere. So are company logos. They are on TV. They …
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Can You File Trademark Cases in State Court? Yes.
Trademark infringement lawsuits are usually brought in federal court, but the law does not prohibit such cases from being adjudicated in state court. Federal …
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Defending Trademarks
What Types of Trademarks Are the Easiest to Defend? Types of trademarks fall into one of five categories based on their distinctiveness. The categories are also …
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Trademark Registration: Use These Examples (Specimens) to Show Use
What Examples (a.k.a. “Specimens”) Do I Need to Show Trademark Use? Trademark registration requires you to show the actual use of your trademark within the …
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Trademarks for Cannabis, Hemp & CBD
Introduction In this video, you get answers to thius question: Can you get a trademark for Cannabis related goods and services? The following provides guidance …
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Trademarks: Likelihood of Confusion and Dilution
It’s All About the Frap Coffee giant Starbucks takes protecting its trademark Frappuccino seriously. Starbucks owns the trademark “FRAPPUCCINO” in the United …
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Trademark Unfair Competition: “Passing Off”
Outside the trademark arena, the idea of unfair competition exists in common law and statutes to compensate businesses that have suffered an injury through …
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Unincorporated Associations Can Own and Enforce Trademarks
Unincorporated Association Trademark Example: Southern California Darts Association On August 11, 2014, the Court of Appeals for the Ninth Circuit, in which the …
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What is Likelihood of Confusion in Trademark Infringement?
In trademark law, “likelihood of confusion” is the primary legal standard for trademark infringement. A recent decision from the 9th Circuit Court of Appeals …
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Commercial/Product Disparagement in Minnesota and Under the Lanham Act
Commercial disparagement under the common law allows for cause of action for when a defendant makes a false, misleading, or deceptive representation about …
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International Trademark Treaties
Paris Convention The Paris Convention applies to patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, …
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Defenses to a Trademark Infringement Action: The Fair Use Defense
There can be instances where one can use the trademark of another and that use will be classified as “fair use.” Usually, marks have two meanings, a trademark …
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Trademarks
The trademark registration process is not a very difficult process; however, it can be a long process. The typical process usually takes about 10 months, and if …
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False Advertising Under the Lanham Act
Usually, false advertising claims are brought under the Lanham Act, which is federal legislation located at 11 USD § and Minnesota’s Deceptive Trade Practices …
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Obtaining & Selling a Trademark | Trademarks: How To Obtain & Sell
A person obtains a trademark by being the first to use it in commerce on a good or service. It must be something that may be validly trademarked. Descriptive …
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Trademarks and the Internet: Domain Names & Trademark Law
In this video, you will get answers to these questions: Can you register a trademark when there is already a service mark on it? Do you want to register a …
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Minnesota Trademark Law Self Help Guide
What is a Trademark? A trademark protects words, phrases, names, sounds, logos, symbols, designs, or a combination of these elements used to identify or …
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Minnesota Trademark Infringement Law: Historic Cases, Remedies & More
Trademarks are one of the legal tools people use to protect their “intellectual property”—ideas, designs, inventions, and so on. In particular, trademarks …
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Online Retailer May Use Manufacturer’s Trademarked Brand without Infringement
Ecommerce websites often sell generic versions of a manufacturer’s product. These might be replacement parts, compatible parts, or another product that works …
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Cease & Desist Trademark Infringement Template, Example, Sample Form
This Cease and Desist Letter provides a starting point for dealing with trademark issues. Every trademark dispute is unique and this trademark infringement …
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‘Nominative Fair Use’ Allows Trademark Used on Website & Domain Name
Nominative Fair Use Overview “Nominative fair use” is one exception to the general rule that you may not use another’s trademark in commerce. That is, use of …
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How Employers Can Protect Trademarks and Service Marks
A Minnesota employee or independent contractor who conceives of a successful trademark or trade name may conclude that the mark is personal, not employer, …
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Sample Franchise Disclosure Document – Item 13: Trademarks Example
ITEM 13: TRADEMARKS We grant you the right to operate a shop under the name “Belmont Muffler Shop.” You may also use our other current or future trademarks to …
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Consequences of Trademark Infringement in MN
Before understanding the consequences of trademark infringement, it is helpful to understand the purpose of trademarks. The benefit of obtaining a trademark is …
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Minnesota Trademark Infringement Basics
Trademarks give notice of the source of a good or service. Marking goods or services is a way of putting your name on it. Often times, many related goods or …