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Category: Intellectual Property

Willful Infringement Not Required for Disgorgement of Profits

June 9, 2020 | Intellectual Property

When you think about trademark infringement, you most like think of the “go to” test of likelihood of confusion. While likelihood of confusion is indeed the most common theory of infringement found under the federal Lanham Act (and state laws) governing trademarks, claims also exist for dilution by blurring, dilution by tarnishment, false advertising, etc….

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Color Can’t Be A Trademark… Can It?

May 18, 2020 | Intellectual Property

Think about your favorite consumer product. Does a specific image come to mind? A specific word mark? Maybe a distinctive product design? Color is probably one of the last things you think of. However, color can certainly serve as a trademark (defined as a source identifier that is generally thought of as a word, name,…

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Yes, this blog post is about Tiger King.

April 10, 2020 | Intellectual Property

As the title suggests, this blog post focuses on Netflix’ hit documentary/series “Tiger King: Murder, Mayhem and Madness”. If you haven’t heard about it you’re behind the curve – the show only had 34 million unique viewers in the first ten (10) days after release. The series is filled with exactly what you would expect…

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Coronavirus and Trademarks

March 27, 2020 | Intellectual Property

The recent outbreak of coronavirus (COVID-19) has had serious impacts on businesses – some temporary, some lasting. Many businesses have closed their physical locations by choice, and many have been forced to close due to state or local regulations. Many businesses are now struggling to stay alive and hope they haven’t closed their doors for…

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