How does a business protect its brand from infringement by a third-party domain name?

By Patent and Trademark No Comments

Trademark Violation – Challenging a Domain Name The protections afforded to a trademark owner are not limited to the owner’s business and brand. Those protections extend to the domain name for the website of your business. As a result, if you become aware of another business attempting to use your domain, or strikingly similar, domain, you may be able to file a formal dispute. Domain Disputes on the Rise It is becoming increasingly common for businesses to discover domains that are using their company information. In certain circumstances, a third party may have intentionally registered a domain using your business…

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Tips on How to Obtain and Protect Your Intellectual Property

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When you are building a business, it is important to establish an extensive intellectual property portfolio consisting of your registered trademarks, copyrights, and patents. Why? Because these are valuable assets that protect your products and branding from competitors. In addition, they represent your brand and often generate goodwill with consumers by developing your company’s reputation. Considering the value of your IP, you need to take affirmative steps to protect your IP. Here is some sound advice on how to effectively protect your IP rights. Clear and Register Your Trademark with the USPTO It is extremely important to select a strong…

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How to Enforce and Protect Your Trademark Effectively

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Trademark owners often mistakenly believe that once their trademark is successfully registered, they are good to go and do not need to take any other action. It is an error made with surprising regularity by new trademark owners. Unfortunately, this is not accurate. Here is the reality – when you register a trademark with the U.S. Patent and Trademark Office (USPTO), the maintenance responsibilities fall on you. This means that you need to take steps to protect your trademark from infringement. As a result, trademark owners need to be proactive and ensure they have an effective enforcement program in place…

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Why should trademark registrants prepare for a heightened level of scrutiny upon renewal of their marks?

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Overview of the Trademark Renewal Audit Program If you registered a trademark and are looking to renew the registration, it is important to be prepared for a heightened level of scrutiny. Why? Because the United States Patent and Trademark Office (USPTO) established a program requiring certain trademark registrants to do more than simply renew their trademark and substantiate their continued use of the items listed in their trademark application, or applications. The new program is an audit whereby the USPTO is requiring trademark registrants to ensure that every item listed is being actively sold in connection with the registered trademark….

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Will a years-long patent dispute prevent the development and release of a potential COVID-19 vaccine?

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Moderna has been among multiple companies that have been quickly developing a potential vaccine for COVID-19. In mid-July, the biotechnology company announced that initial trials for the vaccine had found no serious side effects in human volunteers. The vaccine, known as mRNA-1273, is a novel lipid nanoparticle encapsulated mRNA that encodes for a full length, prefusion, stabilized spike protein of SARS-CoV-2. Essentially, the lipid nanoparticle carries the mRNA that encodes for whatever antigen that it is delivering (in this case, the antigen for COVID-19). Other vaccines, on the other hand, use a weakened or hollowed-out virus to act as a…

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Will Tiffany & Co. be required to pay a Thai jewelry company damages resulting from a 2016 pink sapphire and diamond bracelet that allegedly infringes the company’s utility patent for a “Color Changing Multiple Stone Setting”?

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A lawsuit was recently filed in the United States District Court for the Southern District of New York against Tiffany & Co. for patent infringement. The complaint, filed by Jacob’s Jewelry Co. Ltd. cites its utility patent, United States Patent No. 9,609,923, for a “Color Changing Multiple Stone Setting.” At issue is a nearly $1 million pink sapphire and diamond bracelet from Tiffany & Co.’s 2016 Masterpieces Collection. While Jacob’s Jewelry claims to have been making and marketing color changing jewelry since several years prior to the issuance of its patent, the jewelry products covered by the patent allegedly “have…

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Are Internet domain names capable of being trademarked?

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Booking.com maintains a travel reservation website under the same name. Beginning in 2012, the company filed four applications to register the mark “Booking.com” in standard character as well as in stylized forms. The United States Patent and Trademark Office (USPTO) examining attorney assigned to the travel reservation company’s applications concluded that the term “Booking.com” is generic for the services at issue and is therefore unregistrable. In particular, the USPTO Trademark Trial and Appeal Board (TTAB) noted that “booking” means “making travel reservations” and “.com” signifies a commercial website. In this manner, “Booking.com” is understood by consumers as referring to “an…

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Can Los Angeles-based Japanese restaurant “The Hand Roll Bar Experience” be held liable to Sushi Nozawa Group for trademark infringement?

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            Sushi Nozawa Group filed a lawsuit in the United States District Court for the Central District of California against The Hand Roll Bar Experience, or HRB, alleging trademark infringement and unfair competition. The owners of Sushi Nozawa Group operate Sugarfish, Nozawa Bar, and KazuNori, which uses the slogan “The Original Hand Roll Bar.” The group alleges that Downtown Los Angeles Japanese hand roll bar is liable for infringing their trademark in this phrase.             Sushi Nozawa was founded by its namesake chef Kazunori Nozawa. KazuNori creates specially crafted sushi hand rolls and deems itself the first of its kind…

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Can libraries be held liable for e-book lending?

By Copyright Law No Comments

            At the beginning of June, four publishing companies filed a lawsuit in the United States District Court for the Southern District of New York against the Internet Archive alleging direct and secondary copyright infringement. Specifically, the four publishing companies, including HarperCollins, Hachette Book Group, John Wiley & Sons, and Penguin Random House, allege Internet Archive’s “Open Library” and/or “National Emergency Library” infringes their respective copyrights.             Plaintiffs are four of the world’s preeminent publishing houses and collectively, they publish some of the most successful and leading authors in the world. Indeed, many of these authors are winners of the…

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Can the United States Space Force lose its trademark to the Netflix series by the same name?

By Patent and Trademark No Comments

            While President Trump officially unveiled the flag of the country’s newest military unit, Space Force, Netflix has been working to secure trademark rights to the same name for its comedy series across the globe. Prior to the series’ launch in late May, the popular streaming company secured rights to the show’s logo in certain countries in Europe, as well as, Australia and Mexico. The Department of the Air Force has since filed its own United States trademark applications for registration of “SPACE FORCE,” both of which remain pending. Currently, the Trademark Electronic Search System indicates Netflix has not yet…

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