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Trademark Law Archives

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. 

EU court says Apple may seek to trademark its store layout

Apple’s attempts to trademark its store layout hit a snag in Germany recently when the patent office denied the company’s application. However, the highest court in the European Union has ruled that Apple may proceed with its challenge to the decision on appeal.

Court: group's name too offensive to receive federal trademark

Trying to register a trademark can be complicated process, especially if you end up in a trademark dispute. Business owners in California should be aware of a recent trademark dispute case that ended up being heard by a federal appeals court after the Trademark Trial and Appeals Board rejected an applicant's trademark request.

California company sues NBCUniversal for trademark violation

What's in a name? Quite a bit, especially if your company's name has been around for over a decade and you've established a good reputation with your customers. A company's name is very important, but what can you do if another company starts to use your name in a new business opportunity and threatens everything you've worked so hard for? 

Sony sued for trademark infringement over Smart watch

Companies often register trademarks for their products to keep other companies from using and selling products with the same name or phrase. When another company uses your trademark on their own products, you may be able to file a lawsuit to stop them from creating and selling products that could harm your business. 

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