News & Resources

Scandalous Trademarks: The Government Strikes Back

Back in March of this year, I wrote about Erik Brunetti successfully arguing to the US Court of Appeals for the Federal Circuit that he should be approved to register the mark “Fuct” for clothing items, in part because the provision under the Lanham Act preventing him from doing so was unconstitutional. In the Federal Circuit court’s written opinion, they agreed that the provision on immoral and scandalous marks did, in fact, violate free speech […]

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Tips for Business Owners: Carefully Select and Protect Trademarks

A trademark identifies a product’s source. It helps customers differentiate your business from competitors. If you develop a good reputation, customers know they can trust products bearing your trademark. Service marks are close cousins to trademarks and serve a similar purpose. They just identify the source of services, instead of goods. But not all logos or business names qualify for registration with the United States Patent and Trademark Office (USPTO) and the accompanying protections. Consider […]

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Tips for Business Owners: 3 Must-Do’s When Creating Your Logo

A recognizable logo allows you to advertise your business anywhere – on your storefront sign, website, business cards, employee ID cards, in-store signage, product packaging, print ads, social media accounts, and so many more places. It is a crucial part of branding, so businesses should take the time to ensure it is done right. But before you commit to any concept for your logo, work with an intellectual property lawyer to do a trademark search. […]

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Preventing Counterfeit Trademarks – Part 6: Prevent Creation

Certain goods containing trademarks are easier than others to counterfeit. Some of that is due to the nature of the goods themselves, but it also has to do with the manufacturing, packaging, shipping, and handling processes. By putting into effect certain preventative measures, you can make it too difficult for counterfeiters to bother with your products. Additionally, it can make it easier for consumers and enforcement agencies to spot counterfeit products if they are made, […]

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Preventing Counterfeit Trademarks – Part 5: Fight Internet Sales

The internet makes it easier than ever for counterfeiters to promote their wares around the world. They don’t have to operate a brick-and-mortar storefront or even appear anywhere physically. Instead, they can hide behind the anonymity that the net provides. Fortunately for trademark owners, the internet can also be a powerful tool in fighting counterfeit trademarks, and many of the remedies it provides can be used in conjunction with and even support civil litigation or […]

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It Looks Like a Duck, It Quacks Like a Duck, But It… Might Not Be a Duck?

Crystal Broughan is grateful that E. Paul Cuffe, our summer guest blogger and a summer law clerk at Marks Gray, P.A., co-authored this article.  Many are familiar with the duck test. It’s a popular reasoning exercise where habitual characteristics are used to identify unknown subjects: if it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. Unfortunately, this test may not prove helpful when applying […]

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