My client was sued for trademark infringement and cyberpiracy. The United States District Court for the District of Maryland granted summary judgment and the Fourt Circuit Court of Appeals Affirmed in B&J Enters. v. Giordano, 329 F. App’x 411, 417 (4th Cir. 2009). Below is my brief to the Fourth Circuit Court of Appeals. STATEMENT OF FACTS The [..]
Category: Intellectual Property
Viacom, Inc. has filed a lawsuit against IJR Capital Investments in Houston, Texas for planning to operate a restaurant called “The Krusty Krab.” According to the complaint, IJR has been promoting the restaurant on social media and has filed an “intent to use” the mark with the U.S. Patent and Trademark Office. Viacom claims that [..]
What are “common law” trademark rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.
If a business has applied for a trademark but it is not yet approved, should it us the “TM” whenever it uses the trademark?
Short answer is yes. If the business claims rights to use a mark, they may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to their claim of a “common-law” mark. No registration is necessary to use a “TM” or “SM” symbol and they may continue to use these symbols even [..]
A copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic,websites and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies [..]
Owning a federal trademark registration on the Principal Register provides several advantages, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to [..]