Firm Files Suit to Stop Unsavory Competition on

The Maryland Daily Record may have said it best in an article that stated “two companies could be headed for a high noon showdown in U.S. District Court over copyright infringement on engraved firearm parts.”      In a federal lawsuit that made recent headlines in Maryland’s premier business and legal newspaper, Bowie & Jensen LLC is…

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Intellectual Property Law: "HarBowl" story offers a lesson on business law

Low barriers to entry in certain businesses breed rapid response and quick-to-market products that capitalize on “in the moment” mania.  Often the in-the-moment-mania products derive from long standing famous trademarks owned by aggressive trademark enforcers.  Buyers should be beware of these types of aggressive trademark enforcers prior to making costly investments. Here is a hint.…

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Intellectual Property Law: The previous play is under review.

“The previous play is under review.” San Francisco 49er’s quarterback Colin Kaepernick is the latest on a long list of celebrities and sports figures to turn to trademark law in the effort to protect something believed to be rightfully theirs. These efforts are sometimes fleeting, and they often bring the ire of fans. However, the…

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Intellectual Property Law: Size Matters for TVs on Super Bowl Sunday

A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police .  (Disclaimer:…

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Apple Denied Trademark on iTunes Icon Due to MySpace Trademark

In a recent ruling, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office denied Apple a trademark on its iTunes musical note icon.  Trademark judges said that consumers might confuse the orange Apple icon with MySpace’s previously registered orange musical note trademark in connection with music services.  Despite Apple’s argument…

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Recent Federal Trademark Decision Has Famous Fashion Company Seeing Red

A recent federal appeals court case demonstrates that trademarks can go well beyond symbols, designs and words.  Even a single color can qualify for federal trademark protection.  The case involved a lawsuit by a high-end women’s shoe company, Louboutin, against the venerable French fashion company, Yves Saint Laurent (YSL).  Louboutin’s expensive high heeled shoes feature…

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Technical Trademark Dilution Bill is signed by the president

Section 1125(c)(1) of Title 15 (link here) provides as follows: “Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner’s mark has become famous, commences use of a mark…

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For Google's sin, it gets (Rosetta) Stoned

Not so fast, says the 4th Circuit.  Many lawyers and bloggers had assumed Google would win its case in which Rosetta Stone alleged that Google was contributing to the infringement of Rosetta Stone’s trademarks . . . but Google mostly lost on appeal. The Rosetta Stone case involves use of “adwords” – Google adwords are…

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Delaying trademark enforcement can impact your rights

A question often arises – does an owner of an intellectual property right have the duty to enforce it?  While the answer is no, the failure to do so in the face of known infringement can damage and limit the ability to enforce the right in the future.  This legal doctrine – laches – borrows…

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