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  • Article

    A Trademark Is Not A Copyright Or A Patent

    Although trademarks, copyrights, patents, and trade secrets all concern intangible property rights and overlap to some extent, they differ from each other significantly.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Valentine's Day Greetings

    Perhaps you consider ONE LOVE in relation to various trademarks registered or used for jewelry (Class 14), bags (Class 18), clothing (Class 25), or entertainment services (Class 41).
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    A Wine Trademark Registration Failed Where A Certificate Of Label Approval Was Not Obtained

    It may seem obvious that a brand owner can claim rights in a trademark only when it has used the mark in a "lawful" manner.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Be Careful To Fill Out A Copyright Application Accurately

    Inaccurate information in a copyright application, though sometimes correctable, may end up costing a pretty penny.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    GOOD TIMES For Bourbon Trademark

    The Trademark Trial and Appeal Board (TTAB) rarely reverses an Examining Attorney’s refusal to register a mark on likelihood of confusion grounds. In this case, the TTAB did just that.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    How To Cancel A U.S. Trademark Registration For Abandonment

    Now, a precedential decision by the Trademark Trial and Appeal Board (TTAB) is instructive as to the reverse—how to cancel a U.S. registration for an abandoned trademark.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    On-line Sales Alert -- An Amazon Affiliate Store Is Not A Retail Store Service

    The Trademark Trial and Appeal Board (TTAB) has issued a precedential opinion that an Amazon Affiliate Store is a "referral service," not a "retail store service" for purposes of a service mark application.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Selling Your Own Goods Can Be A "Service" Under U.S. Trademark Law

    At one time, retail store activities were not considered "services" when the store sold only its own goods.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Law Alert--Appellate Court Orders Clarification Of A Failure‑To‑Function Decision Involving The F‑Word

    As previously reported in our Trademark Law Alert -- The Eye-Catching F-Word Failed to Function as a Trademark, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in 2022...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Law Alert: The U.S. Supreme Court Clarifies That The Lanham Trademark Act Only Applies To U.S. Domestic Conduct

    According to the U.S. Supreme Court, if you are located outside of the U.S., a U.S. court cannot enjoin your sales in other countries, or impose damages...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Ownership Counts When Filing An Intent To Use Application

    A U.S. trademark application may be found to be void from the beginning if it is filed in the wrong name.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Why Porn Star GIGI DIOR Can't Register Her Name As A Mark

    You might think of various reasons why a company owned by a porn star might be prevented from registering her pseudonym GIGI DIOR for services that include "personal appearances by a porn star"...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Advertising Law Alert – Fake ® Alert: Don't Risk False Advertising Charges

    Most brand owners are eager to use the registration symbol ® in connection with their trademarks as soon as possible. However, using that symbol beyond the lifespan of a registration, may open the brand to allegations of false advertising.
    United StatesMedia, Telecoms, IT, Entertainment
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    April Fools' Day Greetings

    Companies have a long history of taking a humous approach to advertising for April Fools' Day. The following selection of announcements of imaginary products and services came from the companies themselves.
    United StatesMedia, Telecoms, IT, Entertainment
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Patent Law Alert -- USPTO Requires Foreign‑Domiciled Patent Applicants And Patent Owners To Be Represented By Registered U.S. Patent Counsel

    The U.S. Patent and Trademark Office (USPTO) has issued a final patent rule amending the Rules of Practice in Patent Cases to require that patent applicants and patent owners...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Lizzie Borden House Has Its Infringement Claim Chopped Down

    This article is about a 2024 decision by the U.S. Court of Appeals for the First Circuit arising out of the "trial of the century" in 1892...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Proving A Slogan Fails To Function As A Trademark

    To be registrable, a trademark must identify and distinguish an applicant's goods from those of others and indicate the source of those goods. When an Examining Attorney or an opposer challenges...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Services Have Boundaries In Trademark Proceedings

    In order to succeed in challenging the registration of a service mark on the ground that it is likely to cause confusion with your identical or similar mark...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Take Care When A Subsidiary Owns A Trademark Used Only By Its Parent Company

    If a mark is in active use only by your operating company, but a registration of the mark is owned by its subsidiary, special steps may be necessary to register that mark...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Law Alert -- Settlement Agreement Concerning One Mark Supports Registration Of A Substitute Mark

    The Trademark Trial and Appeal Board found no likelihood of confusion between PRIM and HOUSE OF PRIM marks for home organization services, giving substantial weight to a settlement agreement where parties agreed the marks were not confusingly similar.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC

Showing 141–160 of 261 results

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