Law Offices of Roland Tong, P.C.
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trademarks Archives

Trademark law history: Who owns the word 'superhero?'

Ask the average American who his or her favorite superhero is, and the person will wax poetic about Batman, Superman, Spiderman and many more "superheroes" who they looked up to as children and probably felt like they had a very personal connection with. In this respect, most Americans would agree that the term "superhero" is a common word in the lexicon and no one has the sole financial rights to it. However, this is not the case.

Boxer embroiled in trademark dispute with a makeup company

You might not think that a boxer like Conor McGregor could become embroiled in a trademark dispute with a makeup company, but this is exactly what happened. The boxer recently filed a petition to trademark his infamous nickname, "Mystic Mac." However, Esté Lauder is citing a challenge to the trademarking of the name because of its makeup brand MAC.

Take care when choosing a domain name to avoid trademark problems

It's hard to land on a good name for your business and website. In fact, you may feel like all the best names have already been taken -- and it's precisely for this reason that you'll want to take a lot of care when selecting your name and website domain. You don't want either your website domain name or your business name to infringe on another company's trademark.

Trademark infringement: The elements of a cease and desist letter

Trademark infringement happens when an unauthorized party uses a service mark or trademark in a way that creates confusion, a mistaken purchase or deception -- causing customers to buy another brand without realizing it. Unfortunately, simply owning a trademark is not enough to maintain your exclusive trademark rights. You actually have to police your mark, or you could lose your rights.

Apple Hill growers fight over the area's famous name

Apple Hill is a lovely place to grow fresh veggies. The soil is fertile, the apples are juicy, the pumpkins are extra-orange and the Christmas trees are rich evergreen. However, a trademark dispute has erupted in this beautiful Northern California town. The disagreement relates to how the name "Apple Hill" can be used by those who want to sell their farm produce grown in the area.

Is my trademark name original enough?

Inventing a new trademark isn't easy. You'll want to consider a lot of different factors before you settle on one -- not the least of these factors being the originality and uniqueness of the mark. You'll also want to consider how well the mark describes your business or product and what your business or product could potentially grow toward one day.

Did someone steal your intellectual property?

The internet is massive and the range of products available for purchase through online retailers is endless. California customers can go online and search for virtually any product to find the best price available -- often turning to foreign suppliers for the best deals. However, what if another supplier is offering something that looks exactly like your branded and patented product? And what if that seller is undercutting your prices significantly? If you're facing competition like this, it's possible that your intellectual property rights are being violated.

Common intellectual property right lawsuits

As long as humans are alive, they will probably argue about who should receive credit for which idea. This is why trademark litigation is such an important area of the law. Numerous disagreements arrive over intellectual property rights. Also falling under this category of the law are cases that involve people who try to steal the mark or brand of others and apply it to a different product.

In-N-Out claims that Smashburger is infringing on its trademark

In-N-Out Burger says its rival is violating In-N-Out trademarks. The hamburger chain says that Smashburger -- based out of Denver -- has violated In-N-Out trademarks by using the name Triple-Double in reference to certain hamburgers sold by Smashburger.

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