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Tag Archives: Trademark Law

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Trademark Law: What is the ‘Commercial Use’ Requirement?

By Michael Pike and Daniel Lustig |

To successfully register a trademark with the United States Patent and Trademark Office (USPTO), there are several different legal requirements that you will have to meet. One of the more complex requirements is the so-called “use in commerce” requirement. Essentially, you will not be able to have your trademark application approved unless you can… Read More »

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Are “Disparaging’ Trademarks Allowed?

By Michael Pike and Daniel Lustig |

The Lanham Act is a federal statute that governs trademarks, service marks and other forms of unfair competition. Section 2(a) of the act forbids the registration of trademarks that are deemed to be ‘disparaging’. While that would seem to answer the question, recently that provision has come under fire for constitutional reasons. Late last… Read More »

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Likelihood of Confusion in Trademark Law

By Michael Pike and Daniel Lustig |

Trademark law is a complicated field with a variety doctrines and nuances, but the core goal of the law is to prevent consumers from being confused about what company is offering a product or service. That means that in order for a plaintiff to prevail on a trademark infringement claim, they need to show… Read More »

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