Category Archives: Enforcement

Finger Lakes Innovation Hot Spot

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Whenever Working With Outsiders and Your Proprietary Technology, Don’t Forget About Technology Improvements

Whenever a business (or independent inventor) enters into any type of agreement concerning access to its proprietary, patented, patent pending, or trade secret technology, it is important that the agreement addresses potential improvements to your technology that may be created … Continue reading

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New Balance v. Karl Lagerfeld

New Balance sells popular sneakers with a large “N” as part of the sneaker “saddle” design.  Karl Lagerfeld introduced a sneaker design with a large “K” in a similar location on its footwear.  New Balance alleges his sneaker design dilutes … Continue reading

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Converse Alleges Trademark Infringements by Other Footwear Manufacturers and Retailers

Converse alleges its design is protectable trade dress, specifically its middle design and outsole design.  The midsole design has a bumper and a toe cap plus an upper and/or lower strip.  The outsole design is a distinctive diamond pattern. Converse’s … Continue reading

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Defending an Opposition to Your Intent to Use Mark

One basis for opposing intent to use trademark applications is to show lack of a bona fide intent to use the mark at the time the application was filed.  Defending against these claims requires documentation of actual intent to use … Continue reading

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Famous Names Can Lead to Trademark Problems

If you share a name with a famous mark, you may be restricted in the use of your own name.  It is especially important to refrain from creating associations with the well-recognized brand.  Estates of the celebrity or iconic brand … Continue reading

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Protecting Against Counterfeiting

Counterfeiting is at an all-time high with the internet as a major global retail hub.  The problem with counterfeit goods is that they are usually inferior quality and dilute the brand and its reputation with the consumer as a source … Continue reading

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Case Study- PepsiCo and CanDew

PepsiCo Inc. owns trademarks for Dew® and Mountain Dew® for its famous soft drink.  Soft drinks fall in international class 32:   Word Mark MOUNTAIN DEW Goods and Services IC 032. US 045 046 048. G & S: SOFT DRINKS. … Continue reading

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A brief look at the new option for trademark enforcement on the internet

Brand owners have a second option to add to the current UDRP (Uniform Domain-Name Dispute-Resolution) proceeding to seek rapid relief for the most clear-cut cases of infringement – the Uniform Rapid Suspension Systems (URS).  The URS system is designed for … Continue reading

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Some Downsides of UDRP Complaints

UDRP complaints can be filed for generic top-level domains (such as .com).  They are cost-effective and faster than traditional judicial proceedings for trademark infringement or unfair competition especially, since formal hearings aren’t required. However, the only remedy available in a … Continue reading

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