Trademark

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.

Intellectual Property

Trademark Articles

U.S. Supreme Court Dilution Case: Victoria’s Secret

On March 4, 2003, the U.S. Supreme Court delivered a blow to famous trademarks. In a unanimous ruling against Victoria Secret in its claim against a mom and pop Kentucky store selling lingerie and adult novelties under the brand "Victor's Little ...
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Trademark Recordation: Competitors Beware

We are observing a new development in the US which could be of serious concern to importers of products into this country: the use of trademark law to exclude foreign competition, despite the fact that patent protection on the trademarked products ...
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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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The Infringer’s Complaint: Responding To Indemnity And Contribution Claims Asserted By Federal Copyright And Trademark Infringers

A person may make mistakes, but is not a failure until he or she blames others for those mistakes.--John Wooden And so it is with a federal copyright or trademark infringement claim. The accused infringer.s first impulse is to deny it; the second ...
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Trademark Examination of Domain Names

Internet domain names have generated a number of questions that directly pertain to trademark law. For the Patent and Trademark Office (PTO), the question most commonly faced is whether a term which is a domain name can also be registered as a ...
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The Use of Trademarks for Resale of Refurbished Goods

The desire for used equipment has spawned in the United States alone a multi-billion dollar industry featuring the sale of pre-owned, refurbished goods. Jewelry, watches, cameras, automobiles, sporting equipment, computers, machinery, medical ...
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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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The Right Stuff to be a Trademark Lawyer

Do you have the legal smarts to figure out how the courts ruled in these tricky cases?For those who believe they were Johnnie Cochrane in a former life, here's your chance to prove it. Two recent trademark cases are good examples of the type of ...
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Patents, Trademarks & Copyrights

In some cases, the best option may be "none of the above." The formula for Coca Cola. has been kept a "trade secret" for decades. If the formula were copyrighted, it would be publicly available, and others could easily obtain it and copy it. Coca ...
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The Madrid Protocol: Pondering the Panacea and Pitfalls

For U.S. trademark owners wanting to protect their trademarks beyond the U.S. border, the newly adopted Madrid Protocol treaty appears, at first glance, to provide an incredibly easy and affordable procedure. As of November 2, 2003, a single ...
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