Category Archive for "Trademark"

What’s fair in copyright and trademark

Alleged infringement of technical standards raises questions Thousands of private organizations produce technical standards, some of which are incorporated into laws by federal, state and local governments. A federal court of appeals recently considered whether these organizations can invoke copyright and trademark laws to prevent the unauthorized copying and distribution of such works. The court, however, failed to provide a conclusive answer, focusing instead on fair use matters.

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Ideas on Intellectual Property Law – April/May 2019

Patterson Thuente IP is pleased to present the April\May issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Court blocks trademark for sports shop

Registration of a trademark hinges, in part, on whether there is a likelihood of confusion with an earlier application or registration. In a recent case, a sports specialty shop learned that the trademark it sought for registration was considered likely to be confused with that of a private social club.

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Ideas on Intellectual Property Law – February/March 2019

Patterson Thuente IP is pleased to present the February/March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Federal Circuit revives soda trademark battle over “ZERO”

When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. The U.S. Court of Appeals for the Federal Circuit recently clarified the test for so-called genericness.

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Ideas on Intellectual Property Law – Year End 2018

Patterson Thuente IP is pleased to present the Year End 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Appellate Court Wipes Out Sturgis Trademark

The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.

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All tied up

Court splits over trade dress, trademark claims In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. Its recent ruling sheds light on what does — and doesn’t — demonstrate irreparable harm.

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Ideas on IP Law newsletter

Ideas on Intellectual Property Law – October/November 2018

Patterson Thuente IP is pleased to present the October/November 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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What’s in a Name? The Guide for Pursuing Legally Defensible & High-Value Trademarks

Here’s the essential guide to protecting your brand! Finding the right name for your business or product line is more than a creative pursuit. It has the potential to elevate your reputation and profits. Don’t you want to achieve both?

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Want to know the secrets to creating and protecting unforgettable brand names?

Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company. 

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