Avoid and Overcome Descriptive Objections under Section 2(e) of the Lanham Act
December 30, 2004
Section 2(e) of the Lanham Act provides that no trademark shall be refused registration unless it consists of a mark which when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them. Despite this caveat, trademark owners gravitate toward descriptive marks because they easily convey to the intended user something about the nature or characteristics of the goods or services. Because of that easy association, some trademark owners believe that they can obtain "exclusive" rights to a mark without having to expend the large amounts of money typically required to educate consumers of the connection between a mark and the goods or services with which it is associated when a less descriptive mark is adopted. For those who are keen to register marks that have some descriptive qualities but also hold the capacity for distinctiveness, taking appropriate precautions in preparing the application and presenting evidence of distinctiveness to the Patent and Trademark Office may greatly increase the likelihood of obtaining a Principal Register registration.
In The Marketplace
December 30, 2004
Highlights of the latest equipment leasing news from around the country.
Leasing: The Next Generation
December 30, 2004
At the launch of its annual sales meeting, a senior executive of an international company remarked that if the payment obligation had a hell or high water payment obligation, his company would try to finance it.
How To Empower Your Client
December 27, 2004
Most divorce clients initially feel "powerless" about the events of their lives and their potential divorce litigation. With some creativity, attorneys can encourage their clients to take affirmative steps from the onset, and permit them to feel proactive instead of reactive to the circumstances in which they find themselves. This initial interview with a client carries significant weight and sets the tone for the attorney-client relationship. Attorneys can impress a potential client with their experience in dealing with these issues and solidify the client's trust in their expertise. The creation of trust in the relationship must occur. To accomplish this goal, the attorney must listen to the potential client's facts. Depending on the circumstances, the attorney analyzes the information presented, counsels the client on what facts are important to prove the case and informs the individual how to obtain them. The "empowered client" now has a sense of direction and actually may uncover significant information that might resolve or alter the final result of the case.
Leveraging Specialty Libraries
December 27, 2004
Like many firms, our law library collection and the prime real estate space it consumed at our offices in Chicago were realistic targets for cost-cutting consideration. The challenge for many law librarians has been to reduce costs while still ensuring their firms' attorneys and research staff have access to the right information they need when they need it.
Practice Tip: 'It's NOT Electronic Paper'
December 27, 2004
As the courts and clients struggle with the growing complexities of electronic information, the federal judiciary has begun exploring proposals aimed at addressing the challenges of electronic discovery. While several of the current federal proposals are still open for comment, it is worth taking a moment to consider the fundamental properties of electronic data and how conventional thoughts on evidence do or do not apply. As comforting as it would be to think of electronic evidence as just digital paper, the reality is that there are some inherent properties of electronic evidence that make it fundamentally different from conventional evidence.
Commentary: Copyright Bandits At Large
December 27, 2004
The Supreme Court will soon decide whether to hear one of the most important commercial cases to reach the Court in decades. <i>MGM v. Grokster</i> raises a copyright challenge to the Internet-based services that enable millions of users around the world to swap digital copies of sound recordings and movies with a few clicks of a mouse. At stake is the legitimacy of our copyright system in the digital age.
Trademark Enforcement Goes Cyber: Internet Options For IP Attorneys
December 27, 2004
The growing importance of the Internet as an advertising and distribution medium has dramatically increased the globalization of trademark problems. That fine cafe you enjoyed in Portofino last summer can now post a Web site to promote its specialty products to customers in Pasadena virtually overnight. <br>Our legal system, built on precedent, understandably lags behind these economic and technological forces. Nevertheless, the legal response to globalization in recent years has been quietly dramatic. Two recent cases suggest new options for business and intellectual property counsel seeking to enforce and protect their clients' rights.
