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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit.

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Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion

LexBlog IP

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. One of the main issues that the district court and Seventh Circuit discussed was that of forward confusion versus reverse confusion with regard to trademark infringement. ” Id. .”

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

Apple’s multiple trademark oppositions and IP Litigation worldwide has become a part of its broader strategy to maintain exclusive rights to the “Apple” icon and term. Cracking the Code: What Sets Apple’s Trademark Apart? Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut.

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The Importance of Trademark Clearance Searches for Businesses

Kashishipr

However, the owners must conduct diligent research before settling on the identifying material for their company. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Before adopting a mark, you should determine whether the proposed mark is available and protectable. The USPTO, WIPO, EUIPO, etc.,

Business 105
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The global reach of trade mark law?

The IPKat

Whenever an alleged IP infringer is not domiciled in the country where the IP right is protected and did not commit all infringing acts in that country, questions of jurisdiction, commercial effect and the territoriality principle arise. Background The plaintiff owns German trade marks nos. using the plaintiff’s trade marks.

Law 62
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How to Know When to Change Your Patent Lawyer

Patent Trademark Blog

What are the signs that you need a new patent lawyer? What are some excuses that do not justify changing your patent lawyer? What are some excuses that do not justify changing your patent lawyer? One potential benefit of staying with the same IP firm is that you might be able to keep the same costs.

Patent 52
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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Which Types of IP Law Is Right for You?