Fee Shifting in Trademark Cases Could Be Good News for Small Companies

Fee Shifting in Trademark Cases Could Be Good News for Small Companies. Having a Federally Registered Trademark Is Now Even More Valuable It is never a good idea for a Party to pursue a lawsuit simply because they think they can recover their attorney’s fees.  As they say in Las Vegas, ...

Federal Trade Secret Protection is Here

Federal Trade Secret Protection is Here; Make Sure You Hire an Attorney Who Understands Trade Secret Law and Is Used to Working in Federal Court On May 11, 2016, President Obama signed the “Defend Trade Secrets Act” (DTSA) into law. The DTSA creates a federal statute for the theft of trade ...

Don’t Let Your Consulting Agreement Give Away Your Rights

Businesses often choose to hire consultants to help develop new products. The Business and the Consultant typically enter into a written contract like a “Consulting Agreement,” which covers many issues like scope of work, compensation, confidentiality and the ownership of developments during the term of the Consulting Agreement. However, one important ...

Doctor Associates v. Janco: A Reminder that a Finding of Trademark Use in Interstate Commerce is Not Automatic

Obtaining trademark registration requires that a mark be used with its associated goods or services in interstate commerce. Businesses selling from locations in two or more states, or with locations in the United States and internationally clearly meet the interstate commerce use requirement. However, can a business located only within ...

TTAB Litigation – More Important Now Than Ever

In a recent decision, the United States Supreme Court significantly affected how and why Trademark Trial and Appeal Board (“TTAB”) cases are litigated. The outcome of a TTAB proceeding can determine the outcome of a Federal lawsuit. In B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) (“B&B ...