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EPGD Law Blog

Tag: Trademark
EPGD Law Entertainment Law
Entertainment Law
Eric Gros-Dubois

Why is Lady Antebellum Suing Lady A?

Country group, Lady A, formerly known as Lady Antebellum, has filed suit against Seattle blues singer Anita White, also known as Lady A. The feud started when Lady Antebellum decided to change their stage name to Lady A, because of the term Antebellum and its ties to slavery periods.

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EPGD Law Trademark
Business Law
Eric Gros-Dubois

How to Protect your Business Against Trademark Bullying?

Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.

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police line across computer
Intellectual Property Law
Eric Gros-Dubois

How to Prevent Cybersquatting

Cybersquatting or domain sharking is the act of registering, trafficking in, or using a domain name that is identical to, or confusingly similar to a registered trademark, with the bad faith intent to profit from the goodwill of someone else’s trademark. By doing this, cyber squatters prevent anybody from buying the domain.

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EPGD Law Entertainment Law
Intellectual Property Law
Silvino Diaz

8 Things to keep in mind when Inventing (Part 2)

Once the application is submitted, a rigorous evaluation by USPTO officials follows, to certify that what you present as your “claim” in your application is useful, novel and non-obvious. It is also used to check that there is no current patent on it.

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Intellectual Property Law
Eric Gros-Dubois

What is the Nice Agreement?

With a total of 45 individual classes, the Nice Agreement establishes international classifications of trademarking goods and services.

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Intellectual Property Law
Eric Gros-Dubois

Can You Trademark a Sound?

An individual may apply to register a sound with the USPTO, but the federal courts have held that the sound must be “so inherently different or distinctive that it attaches to the subliminal mind of the listener, to be awakened when heard, and to be associated with the source or event.”

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Intellectual Property Law
Eric Gros-Dubois

Why Should I Federally Register My Trademark?

A Federal trademark registration will greatly enhance your rights. U.S. trademark rights are created through the use of your mark in commerce, however these use-based rights are just common law rights and only apply to a specific geographic area.

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Business Litigation
Eric Gros-Dubois

What is Florida’s Uniform Trade Secrets Act?

Florida, among 48 states, has adopted its version of the Uniform Trade Secrets Act known as FUTSA. The purpose of the Act is to ultimately protect one’s intellectual property, ideas and certain types of confidential information.

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Intellectual Property Law
Eric Gros-Dubois

Damages Under Lanham Act

The Act permits the injured party to recover (1) any profits the defendant made off the use of the trademark, (2) any damages sustained by rightful owner of the trademark through the unlawful use by the defendant, and (3) the costs of the court action. If the trademark infringement is particularly shocking or offensive, then the court can award the injured party three times the actual amount of damages.

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Intellectual Property Law
Eric Gros-Dubois

Trade Dress Infringement

Trade dress infringement occurs when one product’s design or packaging copies that of another product to the degree that there is confusion in the minds of consumers.

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Business Law
Eric Gros-Dubois

Can you Claim Trademark Infringement on Google Adwords?

Google allows businesses to purchase advertising space, causing your advertising material and website link to appear more prominently as a result of a search for a particular keyword. However, companies that have a trademark on certain words may have a case for trademark infringement for these types of actions.

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Intellectual Property Law
Eric Gros-Dubois

What is Trademark Infringement?

Trademark infringement is the unauthorized use of another trademark or service mark (or a substantially similar mark) on competing or related goods and services. Trademark law protects a trademark owner’s exclusive rights to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods.

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DBA registration form
Business Law
Eric Gros-Dubois

What is a DBA?

It is important to note that a fictitious business name is not the same as a trademark.  Entities like trademarks, service marks, corporations, and limited partnerships are legal names.  In contrast, the registration of a fictitious business name does not create any exclusive ownership rights, nor does it reserve the name against future use. 

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trademark
Intellectual Property Law
Eric Gros-Dubois

How to Register a Florida Trademark

In Florida, the general rule for trademark rights is “First In Use, First In Right.” In other words, you must be the first to use the mark in commerce. Either by selling products (for goods) or providing services (for services) before you can register the trademark.

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