Sep
16

Avoiding Trademark and Domain Name Scams

It’s only a matter of time.  If you own a trademark application or registration, at some point, you are going to receive a fraudulent request to make a payment or take some other unnecessary action relating to the trademark or a related domain name.  At first glance, these fraudulent requests may appear legitimate, but they … Continue reading »

Apr
10

“Lack of Intent to Use” – An Increasingly Common Weapon in Trademark Cases

The number of successful attacks on trademark applications and registrations based on a “lack of intent to use” has been increasing in recent years. Trademark owners often include as many products and services in their applications as possible, describing their products and services in various ways, and listing assorted products and services related to their … Continue reading »

Sep
03

The Phillies Strike Out At The TTAB

If you are a fan of the Philadelphia Phillies you probably already know it has been a tough season. The team has lost more often than it has won and now the losing streak extends to the TTAB. See the recently published case The Phillies v. Phila. Consol. Holding Corp., T.T.A.B., No. 91199364, decided August … Continue reading »

Feb
19

Livestrong v. Kidstrong: Symbus Client Kidstrong Prevails in Trademark Bullying Case

We are pleased to report that the Livestrong Foundation has withdrawn its trademark opposition against our client Kidstrong Enterprises. As we previously reported in this space, the Foundation filed an opposition against Kidstrong, alleging that Kidstrong’s application to register the trademark PROSTRONG, which covers dietary beverages, violated its rights in the mark LIVESTRONG. Kidstrong responded … Continue reading »

Jan
10

Meritless Arguments Don’t Pay: $400K+ in Attorney’s Fees Awarded in Recent Trademark Case

Attorney’s fee awards are relatively rare in trademark cases, but when litigants make meritless arguments, attorney’s fees aren’t far behind. Proving, once again, that it doesn’t pay to make meritless arguments, the Middle District of Florida recently awarded Defendant X/Open Company Limited over $400,000 in attorney’s fees and costs as a result of the meritless … Continue reading »

Oct
26

Symbus Receiving Significant Press Coverage for Role in Trademark Bullying Case

Symbus has recently received significant press coverage for its defense of Kidstrong Enterprises in a trademark case filed by the Lance Armstrong Foundation. This is an important case because Kidstrong’s defense is based, in part, on allegations of “trademark bullying”—a trademark owner’s unreasonable interpretation of the scope of its rights for the purpose of intimidating … Continue reading »

Feb
17

Naming A New Product? Don’t Go It Alone!

Ever try to name a new product? If so, you might have created the name on your own or with a group of employees at your company. Perhaps you even had a contest to encourage everyone at your company to participate and name your great invention. You then contacted your attorney or legal department to … Continue reading »

Jan
19

Conduct An Annual Trademark Portfolio Review

Do your New Year’s Resolutions include a thorough review of your business’ trademark portfolio? If your business is like many others sometimes important but not urgent matters get put off for far too long. Matters that if caught early would have been simple to correct can be much more costly to resolve if they are … Continue reading »

Jan
18

Protect Your Business Name!

A “Trade Name” Is Not A “Trademark” Did you know that your business name, i.e., your “trade name,” is not a trademark?  Many people use the terms trademark and trade name interchangeably and this causes confusion in the business community. Trade names are how we identify our businesses. Trademarks are how we identify our products, … Continue reading »