Trademark Infringement

For many business owners, the word “counterfeit” still brings to mind a folding table on a city sidewalk, a back-room warehouse, or a suspicious website with misspelled product descriptions. That version still exists, but it is[...]

When entrepreneurs choose a trademark for a brand, there’s a common temptation to pick something that instantly tells customers what the product is. The legal problem is that the more a name “describes” the product, the[...]

If your company is ever drawn into a trademark dispute—or you need to enforce your trademark—the dollars often turn on one remedy: the defendant’s profits. In February 2025, the US Supreme Court unanimously tightened that remedy[...]

Section 2(d) (Likelihood of Confusion) of the Lanham Act bars registration when an applied‑for trademark is likely to cause confusion, mistake, or deception as to the source or sponsorship of the goods or services. In other[...]

At the end of March 2025, a high-profile trademark dispute erupted in the U.S. District Court for the Central District of California, pitting famed surf and lifestyle brand Lost International, LLC ("Lost") against international music icon[...]

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[...]

A generic trademark is a product name or term which is the actual name for that product. Examples include: BANANA for bananas, or LAW FIRM for a law firm or CHICAGO TRADEMARK ATTORNEY for Chicago trademark attorney.[...]

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[...]

While this specific occurrence happened a couple years ago, our Chicago trademark attorneys believe that this matter showcases a variety of issues that can arise if one were applying for a federal trademark registration or how[...]