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

The Madrid Protocol: Findlaw Interview with Mark A. Steiner and Mary L. Shapiro of Townsend and Townsend and Crew LLP

L: Can you give readers a brief overview of the Madrid Protocol for Multi-National Trademark Registration? Mark A. Steiner, Esq.: The Madrid Protocol is a treaty that has been in existence for a number of years. It provides a methodology for filing ...
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Making Your Mark on the World

Tom Clancy doesn.t know how good he has it. When he writes his next techno-thriller, his copyright protection won.t just stop at the U.S. border. He.ll have automatic rights in most countries around the world. And while he may have to fend off ...
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Basic Facts About Registering A Trademark

A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a ...
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Canada, A Backwater

A Canadian using a trade-mark in the United States, whether it be registered in the US or recognized at common law, who believes that the registration or use by a third party of a domain name violates the rights in the trade-mark, may be able to ...
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Catch A Tiger By The Tail: Guarding Trademarks As Your Business Expands

While White and Williams can’t guarantee that a predatory tiger won’t spring from the commercial underbrush to threaten a client’s treasured trademark, some preventive legal medicine can help avoid an unfortunate surprise attack. One prescription is ...
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Customs Update: Protecting Trademarks on Gray Market Imports

Don't buy more than one "Gucci" or "Rolex" knock-off on your next trip. Now that the U. S. Customs Service has issued a final rule implementing the decision in Lever Bros. Co. v. United States, 981 F.2d 1330 (D.C. Cir. 1993), U.S. trademark owners ...
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Cybersquatting Ain’t What It Used To Be: Trademark Holders and the Future

In November 1999, two big things happened in the domain name world. The first was that the ICANN domain name dispute resolution process that had begun in 1998 was finalized. At about the same time, the Anticybersquatting Consumer Protection Act ...
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Domain Name Disputes: The United States Experience

The collision between cyberspace and trademark law has sparked a series of disputes, and raised a host of issues, regarding the ownership and use of so called "domain names." The proliferation of world wide web "home pages" or "web sites" has made ...
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Enforcing a Service Mark or Trademark in the Federal Courts in New Jersey

Enforcement of federal trade and service marks under the Lanham Act, 15 U.S.C. sections 1116 generally involves a combination of injunctive relief to stop the defendant from continuing to use the infringing name, plus compensatory damages, treble ...
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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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