It is important for any entrepreneur or brand owner to recognize that any trademark application filed to the USPTO becomes public information, available for all competitors in that industry to view and draw conclusions from.
The USPTO divides all federal trademark applications into two categories. One category is the Use-in-Commerce Application, also known as a UIC Application, or a Section 1(a) Application. The other category is an Intent-to-Use Application, also known as an ITU Application, or a Section 1(b) Application.
One important aspect of Section 1117 is that it addresses the statutory awarding of attorneys’ fees. This fee-shifting statute can be very important for brand owners wanting to sue for violation of their registered trademark rights, but fearful that they cannot afford reasonable attorneys’ fees and litigation expenses
An Attorneys’ Fees clause in a trademark litigation settlement agreement applies to both parties. This clause will typically cover any litigation or legal proceedings arising out of, or relating to, the Settlement Agreement.
can two identical trademarks both coexist in the marketplace and avoid likelihood of confusion? The short answer is yes, but it depends on legal analysis of the factors that govern likelihood of confusion law in the United States.
In confidential settlement negotiations in a federal trademark case, FRE Rule 408 applies to actions and statements made during compromise offers and negotiations. Under this law, evidence is not admissible – on behalf of any party – either to prove or disprove the validity or amount of a disputed claim or to impeach
The materials in this website are intended only to provide background information about L.A. TECH & MEDIA LAW. Therefore, they are not intended to, and do not, constitute legal advice.
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