trademark law Archives - Klein Moynihan Turco

SCOTUS to Hear Jack Daniel’s Trademark Infringement Case

Blog, Trademark & Copyright Law / David Klein

Owners of registered trademarks understand the significant, inherent value of Intellectual Property. To maintain that value, the importance of “policing” one’s mark from infringing and inappropriate third-party use cannot be overstated. The United States Patent and Trademark Office (“USPTO”) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods […]

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Be Wary of Unauthorized Use of Another’s Trademark in Marketing

Blog, Trademark & Copyright Law / David Klein

There is no question that digital marketing of products and/or services are integral to the success of any business. There are myriad ways and places to advertise, including websites, social media, mobile applications, and the like. Oftentimes, companies will either intentionally, or inadvertently, use a registered trademark that belongs to a third party in its

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To Be or Not To Be Cancelled: Trademark Cancellation Procedures

Blog, Trademark & Copyright Law / David Klein

Whether you own a registered trademark or contest a trademark registration, it is important to understand the various trademark cancellation procedures. A trademark is a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of goods/services. A trademark is ineligible for registration with the United States Patent and Trademark Office

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A Trademark Lawyer’s Guide to Protecting Your Brand

Blog, Trademark & Copyright Law / David Klein

Whether you are looking to start a business or have been operating a business for years, it is important to know how to protect your brand. A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of goods/services. Over the past few years, there have been

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Trademark Law Updated - Klein Moynihan Turco LLP

Trademark Law Updated: What Brand Owners Need to Know

Blog, Trademark & Copyright Law / David Klein

On December 18, 2021, the Trademark Modernization Act of 2020 (“TMA”) went into effect, creating new procedures for removing unused trademarks from the federal trademark register and updating existing trademark law procedures. The TMA clears the path for legitimate businesses to register their marks by cleaning out the federal trademark register and giving the United

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Trademark Law: Online Retailers and Secondary Liability

Blog, Trademark & Copyright Law / David Klein

In the recent Ohio State University v. Redbubble trademark law proceeding, the Sixth Circuit Court of Appeals considered whether online retailers are liable for trademark infringement arising from products that they sell on their sites. The lower court entered summary judgment in favor of Redbubble, an Australian online retailer, and against Ohio State University (OSU). The court

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Trademark Infringement: Universities v. Online Retailers

Blog, Trademark & Copyright Law / David Klein

The case captioned Purdue University v. Vintage Brand, LLC is an example of one of the most recent battles in the trademark war between institutions of higher learning and online retailers. In the case at issue, Purdue University alleged that Vintage Brand violated trademark law by selling and manufacturing certain goods (e.g., T-shirts) containing Purdue

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Trademark Consent Agreements - Klein Moynihan Turco LLP

Trademark Consent Agreements: Applying for a Trademark that is Already in Use by Another Party

Blog, Trademark & Copyright Law / David Klein

In July, the Cleveland baseball team announced that it would be changing its name to the “Cleveland Guardians” and submitted a trademark application on an intent to use basis with the United States Patent and Trademark Office (“USPTO”). Apparently, however, the Cleveland Guardians Roller Derby (“Roller Derby”) had already been using the “Cleveland Guardians” mark

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