Likelihood of confusion for purposes of trademark registration the same standard as likelihood of confusion for trademark infringement. Below is a summary of some of the many factors considered in determining registrability of a trademark under the Lanham Act. Under the Lanham Act, 15 U.S.C.A. § 1052, “No trademark by which the goods of [...]
In trademark litigation, it is the plaintiff’s burden to plead and prove validity of the trademark and infringement by defendant. For trademark infringement, the test is “likelihood of confusion.” The likelihood of confusion test for trademark infringement is used in both common-law and also statutory infringement. What exactly is the likelihood of confusion test? Simply [...]
From an economic standpoint, a trademark is a source identifier that allows consumers to identify goods or services that have been successful (or have a good reputation) and reject goods or services that have failed (or have a bad reputation). Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage [...]
In our free market economy, public domain (i.e., an invention, creative work, commercial symbol, or any other creation that is not protected by through trademarks, copyrights, or patents) is the general rule and intellectual property is the exception. Therefore it follows that imitating or copying a successful market concept or trend that is not [...]
The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The changes will allow the USPTO to continue to recover the [...]
Business contract breaches are on the rise during the COVID-19 pandemic and our firm is seeing a rise in contract disputes leading to business litigation. Unfortunately, as the coronavirus continues to disrupt business, more and more companies and individuals will struggle to perform their contractual obligations. The applicability of force majeure clauses—and whether or not [...]
The massive coronavirus stimulus bill is expected to clear Congress today. Courtesy of the Wall Street Journal, here is a FAQ regarding the stimulus checks for individuals: How much money is it? The plan provides $1,200 for each adult and $500 for each child under 17. A married couple with two children would get $3,400. [...]
The sweeping coronavirus aid package set for a House vote today provides $349 billion for the Small Business Administration to guarantee loans to small businesses. The legislation calls for the loan money to be distributed using the existing framework of the Small Business Administration’s 7(a) program. The 7(a) program is a joint partnership between private [...]
Coronavirus-related paid leave for workers and tax credits for small and midsize businesses The US Treasury Department, IRS and Department of Labor issued a joint announcement that small and midsize employers can take advantage of two new refundable payroll tax credits designed to immediately and fully reimburse them, dollar for dollar, for the cost of [...]
Economic Relief Plan for Small Business The Keeping American Workers Paid and Employed Act is Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT). The CARES Act is 880 pages long, consisting of several different Divisions and Titles: A. Division A—Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic [...]
