February 2021
Trademark Litigation – Proving Likelihood of Confusion
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 [...]
The Economic Functions of Trademarks
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 [...]
Exclusive Rights, Imitation and the Public Domain
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 [...]
January 2021
USPTO Trademark Fee Increases – Effective January 2, 2021
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 [...]
April 2020
COVID-19 – Contractual Breaches and Force Majeure
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 [...]
March 2020
COVID-19 Stimulus Checks for Individuals and Families
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 [...]