Archive | Trademark Law

trademark law

Trademark dispute

The Pink Trademark Dispute-Not Just a Color Anymore

Trademark Dispute Who would’ve imagined that pink would become a disputed international trademark dispute?  The international trademark dispute over “Pink” revolves around a clothing trademark.  The two companies fighting over the trademark rights for this word “Pink” are L Brands, Inc. which owns Victoria’s Secret, and Thomas Pink, an upscale British dress-shirt brand. Company Background […]

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trade dress

Protecting Your Trade Dress

What is the difference between Trademark and Trade Dress? Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act.[1] It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and graphics. Trade […]

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equitable estoppel defense

Equitable Estoppel Defense to Intellectual Property Infringement Claims in International Trade

Can an Equitable Estoppel Defense Win the Day in Intellectual Property Infringement Cases This blog post will be the first of a series dealing with this subject.  In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the […]

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Brewing Trademark applications

Crafting a Trademark Application for Your Craft Brew

Authored by Brandon Selinsky Brewing Trademark Applications Brewers and brewery owners, be diligent in your naming. The collaborative solidarity of the brewing community fissured long ago. It’s not gone–there still exists a wonderful collection of craft beer producers who will walk 10 miles uphill both ways in a snowstorm to loan you a sack of […]

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International Patent

Interdigital Loses On International Patent Issue…Again

Inside an ITC International Patent Dispute Last week, the U.S. International Trade Commission (“ITC”) upheld, with modifications, its Administrative Law Judge’s (“ALJ”) June findings that neither ZTE Corp.’s devices nor Nokia’s phones (now made by Microsoft Corp.) violated InterDigital Inc.’s international patent rights. The ITC stated that it would release the reasoning in more detail […]

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stay on cease and desist

U.S. International Trade Commission Issues Groundbreaking Stay on Cease and Desist

Why did the USITC issue a stay on a cease and desist order? On June 11, 2014, the United States International Trade Commission (“Commission”) issued a stay of a cease and desist order (“CDO”) for the first time in its history. The stay was issued in In the Matter of Certain Digital Models, Digital Data, […]

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offensive trademark

Is The Washington Redskins Logo Offensive? Is That Enough To Cancel Its Trademark?

When is a logo offensive enough to prevent registration with the USPTO? The Washington Redskins are the professional football team located in Washington D.C.  Forbes Magazine ranks the Redskins as the third most valuable franchise in the National Football League (NFL), and as of 2013 they were valued at approximately $1.6 billion. In addition, the […]

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