Posts Tagged "Trademark"

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No harm, no foul

Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge victorious, because a court found its opponent’s use of its mark was fair.

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Ideas on Intellectual Property Law – April/May 2020

Patterson Thuente IP is pleased to present the April/May 2020 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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Actual consumer confusion irrelevant in trademark profits determination

It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” The U.S. Court of Appeals for the Second Circuit has provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits.

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IP due diligence in corporate transactions

The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the acquisition target or the buyer in a transaction involving IP, the due diligence process should be designed to reveal the value of the intangible assets—patents, trademarks, copyrights, and trade secrets. IP due diligence should ideally be conducted at the onset of negotiations. This not only allows a more reasoned value of the IP to be determined, but also enables proactive corrective action if any legal concerns are identified that may otherwise affect its valuation.

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Ideas on Intellectual Property Law – March 2020

Patterson Thuente IP is pleased to present the 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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Supreme Court ruling leaves a mark

Trademark right survives licensor’s bankruptcy It’s never good news for a business when a company that the business has contracted with files for bankruptcy. But, according to a new U.S. Supreme Court ruling, there’s some good news for trademark licensees. In an 8-1 decision that resolves a split among federal courts of appeal, the Court held that in some circumstances a licensee can continue to use the licensed marks despite the licensor’s rejection of their agreement during the bankruptcy process.

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Ideas on Intellectual Property Law – Oct/Nov 2019

Patterson Thuente IP is pleased to present the October/November 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 of Appeals revives denied trademark application

Two companies with similar marks operated in the same region for more than 40 years without any actual confusion arising for consumers. Nonetheless, the Trademark Trial and Appeal Board (TTAB) found a disqualifying likelihood of confusion when one company tried to register its mark. Read on to learn why it can prove worthwhile to not just accept the board’s rulings.

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Ideas on Intellectual Property Law – Aug/Sept 2019

Patterson Thuente IP is pleased to present the August/September 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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Can you sue foreign corporations for trademark infringement?

E-commerce has allowed foreign corporations to reach new customers far beyond their borders. Sales to U.S. customers, though, might open up a foreign company to litigation in the United States. The U.S. Court of Appeals for the First Circuit has shed light on how a foreign defendant can land in federal court for alleged trademark infringement.

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