Trademark Law

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By Audrey A. Millemann

The beginning of the year is a good time to review your clients’ intellectual property needs. The first and most important thing to do is to determine what intellectual property the client has. Once the intellectual property has been identified, the means of protecting it can be analyzed and a plan for establishing protection set up. 

What is Intellectual Property?

Almost anything can constitute intellectual property. IP may fall into one or more of the following categories: inventions that can be patented, expression that is copyrightable, names or logos that are trademarks, and information that is a trade secret. Continue Reading Intellectual Property Basics

By Scott Hervey

The holiday season means something different for each of us. For some it’s a time for eggnog, parties and mistletoe. For others, it’s a time for cease and desist letters, seizure actions and lawsuits. Yes Virginia, there is a Santa Clause, and his lawyers stand ready to sue those who use his marks and other intellectual property without permission.

 

 Continue Reading Christmas – A Time For Fruitcake and Infringement Actions

By Jeffrey Pietsch

 

Trademark infringement occurs when a third party uses a mark in a way that infringes upon a trademark owner’s exclusive right and use of a trademark. Often, the third party will use a similar mark in a way that confuses consumers as to the source of the goods and services. For example, a fast food restaurant named “Wendi’s” would likely cause confusion with “Wendy’s.” Trademark infringement can occur only when it is likely that consumers will be confused as to the source of the goods. The purpose of this article is to examine the test and factors that courts use to determine if such infringement exists.Continue Reading Trademark Infringement: Factors Considered in Consumer Confusion

By Dale C. Campbell

The 2008 presidential election is just two weeks away. The candidates have discussed everything from foreign policy, the economy, the war in Iraq, washed-up homeland terrorists, and where you find the “real” America. But where do the candidates stand with respect to intellectual property protection?

 

For those of you who are interested, and the mere fact that you are continuing to read this article means that you are, a little-publicized conference sponsored by the IP section of the Colorado Bar was held in August 2008, during which two surrogates for Senator McCain and two circuits for Senator Obama discussed their respective candidates’ positions on topics of interest to the IP bar. A video presentation of the discussion can be if you search: IP Policy and the Presidential Debate Video Replay.Continue Reading PRESIDENTIAL POLITICS AND IP