What happens when a third-party files an opposition to your trademark registration? Fujitsu, applicant for the iPad trademark, will now likely face a trademark opposition from Apple in front of the United States Patent and Trademark Office (USPTO).
Parody and Satire may be covered under free speech, but what if someone was infringing on your registered trademark under the guise of parody? What rights do trademark owners have to protect their interests and what are the guidelines of what is fair use and what isn't fair use under the Trademark Parody Doctrine? Attorney Daniel Corbett discusses this topic at length.
Announcer:Welcome to Trademark Law Radio, the definitive portal for all trademark matters on the web. Now here is your host, Damien Allen.
Damien Allen: Good morning and welcome to Trademark Law Radio. My name is Damien Allen, and today joining me on the phone is Attorney Daniel Corbett of Elliot & Davis, PC in Pittsburgh, PA. Daniel is an attorney whose practice centers on corporate law, non-profit law, estate planning, and civil litigation, as well as trademark registrations. Good morning, and welcome to the program Daniel.
Daniel Corbett: Good morning, Damien.
Damien Allen: Today we’re going to be discussing trademark parody doctrine and how it applies to fair use doctrine in trademarks. And there’s a lot of different cases that have been going on lately, and a lot of things that have been happening. Lately, you have just done a blog on North Face v. South Butt, and that’s one we’re going to talk about very soon. And there’s another couple cases where people are utilizing the design of a well-known brand and using it, spoofing it, as their saying, and using it in their own materials, and this is causing problems for trademark owners. So, I guess the first question we have to ask is how do we define the trademark parody doctrine in fair use? What is parody?
Trademark attorney Enrico Schaefer discusses what you should do when you receive a trademark (often misspelled "trade mark) cease and desist letter. Listen as he reviews 6 reasons why you should take trademark threat letters seriously, and what you should do when you receive a cease and desist demand. A strong response to trademark infringement threat can save you from being sued later. Defending yourself from a claim is critical.
Learn how one trademark attorney uses trademark defenses, such as fair use, and other options to defend a trademark cease and desist letter.
The London Times reports that the estate of sci-fi author Philip K. Dick intends to sue Google in a trademark infringement lawsuit over the use of Nexus One as a trademark for its new Android-based smartphone. The trademark infringement lawsuit will allege, it has been reported, that Google's use of Nexus One infringes on a trademark held by Dick's estate for Nexus Six, the name of the androids in Dick's novel Do Androids Dream of Electric Sheep, which was later adapted into the sci-fi blockbuster Blade Runner. If you are faced with a trademark infringement lawsuit, seek trademark registration, or believe that your trademark rights have been infringed, contact one of our expert trademark lawyers today at 866.936.7447.
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