Category: Intellectual Property

Defending Trademark Infringement & Cyberpiracy

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 [..]

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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 [..]

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Intellectual Property What is a copyright?

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including literary, dramatic, musical, artistic,websites and certain other intellectual works, both published and unpublished.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 [..]

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What are the benefits of federal trademark registration?

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 [..]

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