Category «Trademarks»

Trademark lawyers and attorneys of Archer & Greiner, P.C. law firm handles all areas of Internet/domain names, intellectual property, trademark, patent and copyright law.

PROTECTING YOUR BRANDS FROM PARALLEL IMPORTS

As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with “parallel imports” and “gray market” goods – branded goods that are imported …

Beware of Domain Name Traffickers

Internet domain name registration is a first-come, first-served process. Because of the simplicity and relative low cost of registering a domain, trafficking in domain names has been commonplace since the inception of the Internet. It began with domain name hijacking. In its simplest form, hijacking is the registration of a domain name or names which …

Security Interests in Intellectual Property

Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9”) applies to transactions intended to create a security interest.  However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens.

Trademark Owners and Applicants Beware – Overstating the Goods and Services of Your Mark Can Result in Cancellation of the Registration

The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) recently adopted a new standard for trademark applications that can have disastrous consequences for trademark owners. To understand the significance of the new standard, one must first understand the nature of trademark rights.

Stay Clear of Famous Trademarks

Everyone recognizes famous trademarks. Who is not aware of Microsoft, Rolex, McDonald’s and Coca Cola? The tremendous value in these marks lies in their universal recognition. Because of the renown of famous trademarks, it is not uncommon for smaller businesses to attempt to capitalize on the goodwill of famous marks by associating their goods or …

Trademark and Copyright Fair Use

With larger numbers of common language trademarks working their way into our daily lives, normal communication would become very difficult if courts gave absolute property rights to trademark owners.  Section 33(b)(4) of the Lanham Act outlines the fair use defense to trademark infringement.

Typosquatting and Domain Name Dispute Arbitration

In the early days of the Internet, enterprising and oftentimes unscrupulous persons would reserve domain names that were the same as or similar to the trade names and trademarks of others and then offer to sell those domains, at high fees, to their “rightful” owners. This practice was known as “cybersquatting.” The Anticybersquatting Consumer Protection …