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Trademark Law Archives

Is someone using your trademark?

If you think someone is using your trademark, you will want to seek a trademark attorney, but before you do, you should make sure a trademark infringement is actually occurring. Remember, infringement of a trademark happens when someone else uses the same trademark for competing goods and services, and customers are likely to confuse their business with yours.

Questions about common law trademarks

You have heard the term "common law marriage," but have you heard of a "common law trademark?" In a common law marriage, two people consider themselves married although they haven't gone through the legality of registering their marriage. It is the same with a common law trademark; a trademark is being used that has not yet been registered.

Trademark law: Learning about the term, likelihood of confusion

As intellectual property attorneys intent on helping our clients as effectively as possible, we may sometimes forget that certain terminology might sound like gibberish to the other people. The phrase, "likelihood of confusion" is one such term. It is used in trademark law as a means to prove infringement. In this post, we will talk about likelihood of confusion so that you will not be, well, confused about the term.

How trademarks can benefit your California business

A registered trademark serves as a visual symbol to consumers. It can be an image, a word or numeral, a series of words or numerals or just about any type of distinguishing mark. A well-designed trademark offers many valuable benefits to entrepreneurs and companies. One of the most notable is that it enables your company to stand apart from your competitors in the eyes of potential customers.

Does Comic Con violate the Comic-Con trademark?

Here at Costello Law Corporation, we advise people and businesses about legal issues related to trademarks, including whether the usage of a brand likely violates a pre-existing mark. We also represent parties in disputes about trademark violations in related litigation.

California burger trademark wars: In-N-Out vs. Smashburger

To residents of California, the words "Double-Double and Triple Triple can only mean one thing: You're eating at an In-N-Out Burger fast food restaurant. A new burger created by rival restaurant, Smashburger, may give In-N-Out a run for its money. Smashburger introduced the "Triple Double" sandwich last month but In-N-Out is not pleased with the name of the new burger.

Registering trademarks is the first step in protecting your brand

It is safe to say that most modern business owners in California work hard to create memorable brands in order to stay abreast of, or rise above, their competition. In this technology-rich world, having a brand is one of the most effective ways of communicating the quality and value of your goods or services to consumers.

The government cannot ban so-called offensive trademarks

What do the Washington Redskins and the Slants—an Asian-American rock band—have in common? They both have names considered offensive by many Americans and government offices. You probably have already heard about the widespread controversy surrounding the Redskins, but news about the Slants might be new to you and other readers.

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Costello Law Corporation
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Roseville, CA 95661

Phone: 916-520-3360
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