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Trademark Law Archives

The importance of trademark law in building a business brand

California entrepreneurs may be interested in learning about the importance of trademark law in choosing a business brand. Due to the potential issues down the road, attention should be paid to having a strong mark from the start.

The word 'ox" at center of Red Bull vs. Old Ox fight

People in California could be interested in this case involving the drink maker that produces Red Bull recently filing a U.S. Patent and Trademark Office opposition against Ashburn, Virginia's Old Ox Brewery. Old Ox is a small family-run startup craft brewery that began in June 2014. Their beer production schedule includes 4,000 kegs to be produced by the end of 2015. They will be distributing the beer in a small section of Virginia. Red Bull is a well-known energy drink brand based in Austria.

Lawsuit fallout affects California chocolate fans

In a case that might have had far-reaching ramifications for chocolate lovers in California, the famous chocolate mogul, Hershey, claimed in August that a New Jersey company, LBB imports, infringed on their trademark. LBB focuses on high-end chocolates from overseas countries, including England. Hershey filed a lawsuit against LBB alleging a trademark violation but later dropped the lawsuit after LBB agreed to stop importing the brands in question. Sources say that distributors of the specialty confections, most notably Cadbury English-made chocolates, are unhappy with the decision.

Radio stations allowed to air controversial team name

Sacramento readers who have been following the ongoing debate about the use of the word Redskins in connection with the Washington, D.C., football team may be interested in a recent decision made by the Federal Communications Commission. According to a Dec. 19 source, the FCC dismissed a petition filed against a radio station by the owner of the Washington Redskins football team.

Microsoft files lawsuit against scammers

California investors, entrepreneurs and business owners may be interested in a potentially landmark case involving Microsoft. On Dec. 18, the well-known company filed a lawsuit against Omnitech Support and other companies, alleging trademark infringement and deceptive business practices. The lawsuit claims scammers falsely presented themselves as Microsoft tech support in an attempt to infect consumers' computers with malware.

What is trade dress and why should I protect it?

Over time, intellectual property law has grown to offer degrees of protection to a variety of ideas, presentations and products that are considered proprietary to their owners. At the heart of trademark law is the idea that, in a competitive marketplace, it's not enough simply to provide goods and services that are in some way superior to those of competitor; you must also help your clientele find and remember you. Otherwise, how will your customers know you're better?

How to protect a trademark infringement judgment

If you are pursuing a lawsuit for damages for trademark infringement, you may not be thinking about how the culprit company will be paying a judgment in the event you are successful at trial. After all, a substantial jury award may not just cripple a company, it could destroy it; essentially putting it out of business.

The difference between registered and unregistered trademarks

If you are getting ready to put a product out on the open market, there is likely a great deal of work that has been expended in designing it, thinking about how to market it, and how to price it in order to maximize consumer appeal. The last thing you want to do is to leave it open to be exploited and copied. This could significantly diminish the value of your work and even lead to your product failing in the face of imposters.

MGM objects to race based on 'Rocky' character

Whenever advertisers want to describe the plight of the underdog with limitless potential, or play towards the proverbial "little engine that could" audience, it is common that the theme to "Rocky" may be involved. The song to the classic 1976 Oscar winning film has been synonymous with people giving everything they have in order to achieve a personal goal.

Tesla reaches settlement with Chinese "trademark troll"

Electric car manufacturer Tesla has recently settled a lengthy legal battle regarding the trademark of the company's name with the owner of the trademark, a Chinese businessman. As part of the settlement, the owner agreed to waive his right to the Tesla name (a de facto pass to allow Tesla use the trademark without restriction for marketing and sales purposes), and Tesla agrees to withdraw claims against the owner seeking compensation. 

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