Is your mark REALLY in use on EVERYTHING?
By Joseph T. Nabor
Intellectual Property,
September 2014
When a trademark owner says the mark is in use on everything in the trademark registration, they really only mean it half of the time.
Lexmark clarifies Lanham False Advertising Test
By Joseph T. Nabor
Intellectual Property,
May 2014
Zone of interest and proximate cause required for Lanham Act false advertising claim. Lexmark Int’l, Inc. v. Static Control Components, Inc., US No.12-873.
Careers in IP Law—Book review
By Joseph T. Nabor
Intellectual Property,
February 2014
The second of two reviews of the ABA's Careers in IP Law: Avenues and Opportunities, April 2013, from the perspectives of a new attorney and an experienced supervising attorney.
Immigrants beware—Trademark counterfeiting Is aggravated felony INA §101
By Joseph T. Nabor
Intellectual Property,
September 2011
Criminal trademark counterfeiting is counterfeiting, and an aggravated felony under INA § 101(a)(43)(R), 8 USC § 1101(a)(43)(R), and supported Immigration judge's removal order. Ninth Circuit rejects argument "counterfeiting" referred only to currency. Rodriguez-Valencia v. Holder, 99 USPQ2d 1476 (9th Cir. 2011).
Department of Commerce takes on trademark bullies
By Joseph T. Nabor
Intellectual Property,
June 2011
The Department of Commerce recently released its report which studied whether or not some trademark owners are using their trademark rights in an overly aggressive enforcement effort—commonly known as the Trademark Bullies report.
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