In a recent article in The Recorder, attorneys James Hardin and Tyler Woods discuss the various surveys used in trademark cases. As they explain in full, ‘In most trademark cases, questions of liability, and to a lesser extent damages, hinge on consumer perceptions regarding the trademarks or trade dresses at issue. Often, the most effective way to probe and prove the relevant consumer perceptions is with a well-designed survey. While surveys have drawbacks—including being costly, manipulable, complex and unpredictable—they have become almost essential in addressing certain trademark law issues, such as likelihood of confusion, secondary meaning, genericness and dilution.
To continue learning about the importance of surveys in trademark cases, please read Trademark Survey Basics in its entirety.
For more information about the Newport Trial Group, or to contact Mr. Hardin or Mr. Woods, please visit www. TrialNewport.com
In January 2014, the US Patent and Trademark Office approved a trademark application filed by game-maker King.com for use of the word “candy” as it pertains to video games. This has led to a strong reaction from some game developers who fear the trademark might be overbroad and may set a dangerous precedent going forward. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
What are the benefits of registering a trademark?
While not required by law, benefits of registering a trademark include:
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Pinterest, a ‘digital bulletin board’ and photo-sharing social media website, has suffered a major loss in its quest to retain the term ‘Pinterest’ for its own use outside of the United States. Indeed, the EU Office for Harmonization in the Internal Market (OHIM) has ruled that London-based social news website Premium Interest has the EU-rights to the use of the trademark ‘Pinterest’ in England.
As a business owner who has taken the steps to protect your intellectual property in the form of a trademark, you might wonder how this has happened and what you can do to prevent such a troubling loss. The answer is that according to documents, Premium Interest filed its trademark application for “Pinterest” in January of 2012, two months prior to the application of U.S.-based Pinterest.
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In the latest development in the NFL concussion lawsuit, a federal judge has rejected a proposed settlement between the NFL and more than 4500 retired players (the members of the class). The judge rejected the settlement after raising doubts about the adequacy of the settlement to cover the class’s claims.
The two sides (the NFL players and the League), who tentatively reached a $765 million dollar settlement last summer, submitted the settlement for the judge’s approval in early January. In her ruling rejecting the settlement, the judge expressed concern “that not all retired NFL football players who ultimately receive a qualifying diagnosis or their related claimants will be paid” under the proposed settlement.
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A class-action lawsuit filed in January, 2014 in the U.S. District Court for the Northern District of California accuses Facebook, Inc. of sifting through users private messages and selling the information to marketing companies. The lawsuit claims that Facebook has violated the both federal and state laws (the Electronic Communications Privacy Act of 1986 and California’s privacy laws). This lawsuit is the latest in a long-line of litigation that will attempt to answer the question of what online information should really be considered “private”.
The lawsuit (Matthew Campbell v. Facebook Inc.) was filed by two Facebook users, Matthew Campbell and Michael Hurley and was filed on behalf of both named parties, as well other Facebook users whose privacy rights have allegedly been violated. Campbell and Hurley have asked the court for class-action status in addition to both equitable and legal relief. A class action permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or “class”.
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