1/6/2025 6:35:02 PM Federal Circuit Notes Patent in Rejecting Trade Dress Protection By Nate Garhart As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be...
9/16/2024 6:34:36 PM Careful What You Wish For: Demand Letters Can Result in Unintended Litigation By Nate Garhart When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring...
6/25/2024 10:34:05 PM Is corporate separateness at risk? By Eugene Mar At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting...
6/7/2024 6:43:55 PM Certification Marks and Fame By Nate Garhart Trademarks and the Right to Stop Third-Party Use Trademark owners have the right to stop third parties from using marks that could cause...
5/10/2024 4:08:19 PM Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute By Nate Garhart After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The...
4/18/2024 9:15:18 PM Another Chapter in the Bay Bridge Series? San Francisco Sues Oakland Over Airport Name By Nate Garhart Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some...
3/26/2024 4:42:27 PM Trademark Application Fee Increases Based on IDs Proposed for 2025 By Nate Garhart The time between filing and initial examination of a trademark application at the United States Patent & Trademark Office has continued...
3/8/2024 8:35:46 PM Ornamental Use as Trademark Use? By Nate Garhart Companies often apply to register their trademark for use in connection with goods that are not actually related to their business. For...
3/1/2024 5:27:10 PM Court Discounts Confusion Evidence in Trademark Infringement Action: Is the Confusion Actual? By Nate Garhart Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving...