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Category Archives: IP Litigation
Why Would Someone Oppose My Trademark Registration?
There are many different reasons why someone might file an opposition or cancellation proceeding challenging a federal trademark application, and many clients are surprised to learn that it often has little to do with the challenged application.
Lexmark v. Static Control: What It Means for Consumers
Last month, the Supreme Court issued a game changing decision on the ability to bring claims under the federal false advertising law, but what does it mean for the average consumer?
How to Use Watermarks and Metadata to Combat Online Infringement
Most photographers understand that a watermark can combat online infringement by obscuring an image, but many do not know that watermarking and copyright metadata can also improve an artist’s legal position in cases of online infringement. Continue reading
Unmasking Online Infringers: The Pros and Cons of the Underutilized Section 512(h) Subpoena
Most copyright owners know that if copyrighted content is posted on the web without permission, a DMCA takedown notice can be used to get the content taken down, but what can a copyright owner do if the website owner’s identity is concealed or unknown? Continue reading
Can I Lose My Trademark Rights If I Don’t Sue Infringers?
Many people believe that trademark rights can be “abandoned” or lost if the trademark owner fails to object to infringing uses of the mark, but that is not entirely accurate. Continue reading
Trademark Use and Trademark Infringement in Domain Names
![745px-Internet1[1]](http://www.betalaw.info/wp-content/uploads/2014/02/745px-Internet11.jpg)
Trademark rights and domain name ownership overlap in many ways, but they are not the same thing. Domain name ownership does not necessarily establish trademark rights, and trademark ownership does not necessarily give you the right to own the corresponding domain name. Continue reading
I Received a “Cease and Desist” Letter – What Should I Do?
