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Features

Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter Image

Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter

Nate Garhart

At the end of the day, demand letters form an important part of a company's trademark enforcement strategy. But they must be just that — a part of a fully developed reasoned strategy rather than a knee-jerk reaction to perceived infringement. And that strategy will require some investigation and research to help ensure success.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Federal Circuit: PTAB Jurisdiction Exists Over Expired PatentsFederal Circuit: No Estoppel on Unadjudicated Claims

Features

Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc. Image

Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.

Howard Shire & Di’Vennci K. Lucas

Last June, the U.S. Supreme Court granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.

Features

Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit Image

Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit

Howard Shire & Di’Vennci K. Lucas

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of whether purchasing market competitors’ search engine keyword terms, known as “conquesting,” constitutes trademark infringement.

Features

Knockoffs: Are They Always Infringing? Image

Knockoffs: Are They Always Infringing?

Steven D. Lustig

When something is referred to as a "knockoff" it typically implies that the knockoff product is similar in appearance to an earlier product and is unlawful. But that is not always the case. Indeed, there can be infringing knockoffs and noninfringing knockoffs. It depends on the facts and circumstances. To appreciate the difference, a look into the general rules and some specific cases is needed.

Features

Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines Image

Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines

Christopher P. Bussert & Jonathan E. Moskin

Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.

Features

Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups Image

Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups

Stan Soocher

As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.

Columns & Departments

IP News Image

IP News

Howard Sire & Di'Vennci K. Lucas

'Polaroid' and Online Self-Promotion: A Cautionary Tale

Features

LJN Quarterly Update: 2024 Q3 Image

LJN Quarterly Update: 2024 Q3

LJN Staff & Contributors

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

Using Unique Product Features or Designs to Register Trademarks Image

Using Unique Product Features or Designs to Register Trademarks

Marc P. Misthal

Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.

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