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Author: Matthew D. Asbell | Category: | Tags: , ,

Acquired Distinctiveness of Trademarks in the United States

Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to trademark counsel’s...

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Authors: Matthew D. Asbell, Francesca Montalvo | Category: , | Tags: , , , ,

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s European Community trademark...

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Author: Ralph H. Cathcart | Category: ,

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain circumstances.  In...

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Authors: Matthew D. Asbell, | Category: , | Tags: , ,

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

On July 8, 2015, the United States District Court for the Eastern District of Virginia, in Pro-Football, Inc. v. Amanda Blackhorse, et al.[2. Pro-Football, Inc. v. Amanda Blackhorse, et al., No. 1:14-cv-01043-GBL.IDD, slip op. (E.D. Va. July 8,...

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Author: Matthew D. Asbell | Co-Author: Dongfang “Maggie” Wang(王东芳) | Category: | Tags: , , , ,

美国商标使用要求及相关的风险和应对策略

我认为我们对于自己所说的“使用要求”或商标局所说的“使用要求”的真正含义是存在误解的。...

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