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.
With the ever increasing popularity of virtual worlds such as Second Life, trademark owners need to be aware of both the opportunities and challenges that their brands may face in these newly emerging markets. As a trademark owner, if you choose to conduct business in the virtual world, be aware that all of the attendant …
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 …
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 …
Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9â€) 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.
The Trademark Trial and Appeal Board (“TTABâ€) of the United States Patent and Trademark Office (“USPTOâ€) 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.
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 …
Trademarks identify to the public the source of particular goods or services. A trademark is any distinct word, phrase, symbol or picture, or combinations thereof, that identifies and sets apart the goods of a specific business or organization.
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.
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 …