A trademark can be almost anything as long as it helps the consumer identify with the particular product or service. It can be a word, phrase, symbol, image, sound, device, or even color. Examples include such marks as the Nike “swoosh,” the NBC three-toned chime “G E C,” and the distinctive shape of a Coca-Cola bottle. This is FindLaw's collection of Trademark articles, part of the Intellectual Property section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Trademark
Trademark Articles
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An Overview of Section 337 Actions in the ITC
Limited exclusion orders under Section 337(d)(1) are often granted in conjunction with a cease and desist order, and only apply to articles imported by parties found to be in violation of Section 337. 22 Cease and desist orders are available under ...
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Parody Use of Trademarks
Parody usage of trademarks is quite prevalent in our society, for a wide variety of uses. However, with a large number of cases litigated, it is inevitable that courts would apply judicial standards inconsistently. The Trademark Act of 1946 (the ...
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Nike's Trademark Infringement Case Turns on Covenant Not to Sue
"If such a shoe exists, the parties have not pointed to it, there is no evidence that Already has dreamt of it, and we cannot conceive of it. It sits, as far as we can tell, on a shelf between Dorothy's ruby slippers and Perseus' winged sandals ...
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It's a New World in Trademarks: The U.S. Joins The Madrid Protocol
Beginning on November 2, 2003, U.S. trademark owners can take advantage of a streamlined international trademark registration system known as the Madrid Protocol. The Madrid Protocol is a treaty managed by the World Intellectual Property ...
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Patent and Trademark Depository Library Program: Notes on Becoming a Patent and Trademark Depository Library
The term "Patent and Trademark Depository Library" (PTDL) refers to a library which (1) has acquired or is in the process of acquiring a collection of U.S. Patent and Trademark documents and (2) has established certain understandings with the Patent ...
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Trademark Law Treaty Implementing Legislation Signed into Law
On October 30, 1998, the president signed into law the implementing legislation for the Trademark Law Treaty ("TLT"). The TLT, ratified by the U.S. Senate on June 26, 1998, greatly simplifies the trademark registration process by eliminating ...
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Online Crooks Stealing Trademarks, Domain Names Can Be Thwarted
Cyberpirates don't fly the Jolly Roger when ripping off trademarks and domain names. They work in secret, but if you don't catch them early, they can scuttle your ship of commerce. As the Internet opens the door to a global economy, your corporate ...
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Federal Trademark and Local Zoning Laws Collide
L. Gail Gordon, Partner (Los Angeles Office Real Estate Group) Blaine I. Green, Associate (Los Angeles Office) Pillsbury Madison & Sutro LLP On April 15, the Ninth Circuit Court of Appeals, in a case of first impression, handed down an important ...
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The Trademark Trial and Appeal Board is Not "Bullish" On Dilution
In 1999, the Trademark Amendments Act revised the Lanham Act to add dilution as a ground for opposing an application or canceling a registration before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office ...
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Post-Registration Strategic Maintenance and Protection of Your Trademarks
James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively ...