Manufacturers that let their distributors use their unregistered trademarks may later find themselves in a fight over the marks’ ownership. This article highlights how one federal court of appeals recently addressed such ownership disputes and adopted a different test for determining ownership of common law trademarks where there is no agreement addressing the issue.
Two firearms manufacturers came out shooting when a dispute arose over which one had the right to use the mark “SCAR” for guns and related items. The case, FN Herstal SA v. Clyde Armory Inc., raised the common trademark issue of priority of use, as well as the less-common unlawful use doctrine.
Shortly after filing a trademark application, with the United States Patent and Trademark Office (USPTO) or with another non-US, government trademark agency, a growing number of our clients inevitably receive one or more official-looking letters or invoices seeking payment related to the trademark registration. You may have received one of these notices in the mail or via email yourself—a solicitation, formatted to look like an official government document, that lists data about your trademark application and even an image of your trademark (all of which is publicly available information). Many of these companies use terms that resemble an official agency name including one or more of the terms “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency.” The truth is, these solicitations have absolutely no legal or other significance to your trademark registration.
Rushmore Photo & Gifts, Inc. (RPG), the Niemann family, and Wal-Mart Stores, Inc. are celebrating a victory over Sturgis Motorcycle Rally, Inc. (SMRI) in a controversial, six-year trademark dispute over the name “Sturgis.” On March 10, the Court found that RPG and Wal-Mart had valid equitable defenses to SMRI’s trademark claims. The Court vacated and dismissed the entire jury damage award of $912,500, ruling that “SMRI is barred from recovering damages and profits from the defendants for the time period prior to October 30, 2015.”
The opportunity to label social media posts with hashtags are endless. But there is a tension between brandowners’ desire to get as many people as possible to see their posts and use their hashtag, and the traditional trademark laws. Trademark law surrounding social media is still full of gray areas, but this article can provide brandowners some guidance.
Sunburst Chemicals has been innovating our cleaning process since 1920. We know today how important it is to clean food, laundry and every day items and Sunburst is on the forefront of that mission. They supply a number of cleaning products for a variety of every day use:
New years resolutions are one of the world’s longest standing traditions. Throughout January, people will reflect on their personal and professional goals and ambitions to set forth on a new journey—often making a list of what they hope to accomplish. This year, we recommend adding one small piece to that list—protecting your ideas.
Trademark rulings often miss the front headlines of the news outlets every year, but little do people know, these decisions often affect their everyday lives more than some of the cases that receive national attention.
When a trademark or potential trademark is challenged, courts and the Trademark Trial and Appeal Board (TTAB) generally turn to the so-called DuPont factors to determine whether a likelihood of confusion exists between two marks. Courts don’t necessarily consider all 13 factors and, in fact, a single factor can settle the matter. This was the case in Oakville Hills Cellar, Inc. v. Georgallis Holdings, decided by the Federal Circuit Court of Appeals.