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intellectual property litigation Archives

Tire company wins trademark suit against bar

Companies in California know how important their trademarked names can be. In the modern world fueled by consumer preference and social media, brand identity can be one of the biggest assets a business has. It is for this reason that entities so heavily pursue intellection property protections. One recent case would at first glance appear to not have posed a problem but upon further investigation, the potential conflict was revealed.

How do I perform a trademark search?

Many California companies routinely develop new offerings and want to ensure they can properly protect their assets related to these offerings. If you have developed a new product or service and want to trademark a name to go along with that, you will make an application to the United States Patent and Trademark Office. However, prior to submitting such an application, it is recommended that you conduct a thorough search of existing trademarks. This may help you avoid requesting a trademark that is already granted to someone else or otherwise having your application rejected.

Evidence to support trademark infringement

In today's world, a brand can be one of if not the most important assets a company has. Many businesses in California understand this and work hard to protect their brands in a competitive and online space. When another business takes actions that undermines that brand, the first company understandably seeks action. A recent case involving two major footwear manufacturers brings more clarity to the type of evidence that a court may require before issuing any type of injunctive relief.

Design pattern at heart of trademark dispute

No industry, market or business may be truly free of concerns about competitors trying to gain advantages through unfair practices. This is part of why trademarks, patents and other forms of intellectual property are called out and able to be granted certain protections. However, these protections or marks may be granted by the United States Patent and Trademark Office but must be upheld by individual mark or intellectual property owners themselves.

How is trademark infringement identified?

If you want to name your business or a certain product or service you offer something special, you will want to pay attention to any trademarks that may exist for the terms you are considering. If you end up using a term that is legally trademarked by someone else, you may be at risk for that company to ask you to stop using the name or mark. Understanding what may give credence to such a request will be important for you to know.

Comic strip likeness subject of new copyright suit

Intellectual property can include a wide range of things such as a new technological invention, the creation of a new music video, a novel and more. It may also include the likeness of a comic strip character. One such character that was originally developed and drawn near the early years of the century is a little frog that appeared in publications for young boys. By 2016, that frog was identified as a hate symbol by the Anti-Defamation League.

Trademark protections and enforcement

Businesses in California who have special designs, names, logos or other assets that they wish to protect may seek to be granted a trademark. As explained by the United States Patent and Trademark Office, a trademark must be formally applied for and offers the receipient the ability to indicate that the trademarked designation is theirs and has some market recognizeability as such.

Intellectual property litigation for writers

When California writers prepare works for publication, they may wonder how they can protect their works. It is important for writers to understand which aspects of their work are protected by a copyright and when this copyright has been violated.

Trademark enforcement rights and responsibilities

Many people, including business owners, in California may believe that once they are granted a trademark or a service mark that they never need to worry about the future validity of that trademark. In reality, however, that is not true. There are a few reasons for this, one of which is the fact that other entities may actually infringe on an existing trademark either knowingly or unknowingly. Another thing people must know and that Forbes points out is that the responsibility for enforcing a trademark lies solely with the trademark owner.

Emoji source of intellectual property dispute

California businesses know that their brands can be powerful tools that create market recognition and preference among their customers. In addition to company brands, the names used for products, services and technologies are also vital assets for businesses. That is why these things are so commonly trademarked. Despite there being an established process for requesting and receiving a trademark, disputes may still arise surrounding individual terms.

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