Trademark & Copyright Law

Why Operating Agreement Are a Must for Any New LLC - Klein Moynihan Turco LLP

Why Operating Agreements Are a Must for Any New LLC

The limited liability company (“LLC”) has quickly become one of the most popular corporate vehicles for start-ups and other new ventures. While there are some drawbacks (such as the number and type of investors permitted, and limitations with going public), the LLC combines the tax advantages of a partnership (no corporate level tax) with the […]

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Trademark Classification Changes in 2022 - Klein Moynihan Turco LLP

Trademark Classification Changes for 2022

On October 6, the United States Patent and Trademark Office (USPTO) ruled to incorporate the international trademark classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Classification”). The two trademark classification changes will become effective on January 1, 2022. What

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Trademark Infringement: A Kiss of Death? - Klein Moynihan Turco LLP

Trademark Infringement: A Kiss of Death?

The proverbial battle of David versus Goliath is currently unfolding in United States District Court for the Northern District of California. The Cookie Department, Inc. (“Cookie Department”), a California cookie maker, is embroiled in trademark litigation with sweets superpower, The Hershey Company (“Hershey Co.”). Both allege that the other has engaged in trademark infringement. The

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Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond

On August 3, 2021, Tru Kids Inc., doing business as Toys R Us (“Toys R Us” or “Plaintiff”), filed a complaint against Real Investment, LLC, doing business as Toys & Beyond (“Toys & Beyond” or “Defendant”), for trademark infringement, dilution, and unfair competition. Toys R Us is the owner of many famous trademarks that are

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Promotional Marketing Concerns Associated with Online and Mobile Media- KMT

Promotional Marketing Concerns Associated with Online and Mobile Media

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, such as the Federal Trade Commission (“FTC”), are tasked with regulating,

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How Long Do Trademark Registrations Last?- Klein Moynihan Turco LLP

How Long Does Trademark Registration Last?

The short answer to this question should be, forever. However, there are various steps one must take (such as meeting renewal deadlines and using the subject mark in commerce) to maintain trademark registration. This blog will look to educate our readers on post-registration obligations and the ongoing filing requirements that are necessary to maintain a

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Trademark Infringement Lawsuit- Klein Moynihan Turco

Taste the Lawsuit: Wrigley Brings Trademark Infringement Claim

On May 3, 2021, WM Wrigley Jr. Company (“Wrigley”) filed a complaint against a host of cannabis companies and their respective owners (collectively “Defendants”) in the United States District Court for the Central District of California alleging trademark infringement, dilution, and unfair competition. Wrigley is the owner of many famous trademarks that are registered with

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