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Recent Blog Posts

Protecting Against Counterfeits

Federal trademark law defines a ‘counterfeit’ as a “spurious mark which is identical to, or substantially indistinguishable from, a registered mark.” Not only does Tthe counterfeit definition require a closer degree of similarity to be shown than is required to prove trademark infringement, but federal trademark law also requires the alleged stolen mark to be Read More »

U.S. Supreme Court Upholds “Tacking” of Trademark Use as an Issue to be Determined by a Jury

Trademark rights are determined by the date of the mark’s first use in commerce. Usually, the party that first uses a mark in commerce is said to have priority over other users. Furthermore, courts realized over time that trademark owners should be allowed to make certain modifications to their marks without losing priority. This is Read More »