Tyler Hampy

Trademark Law: first to use v. first to file

In the United States, it is not registration, but actual use of a designation as a mark that creates rights…

12 years ago

Pleading Inequitable Conduct

By: Tyler Hampy   Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake,…

12 years ago

Irreparable Injury: Lost Market Share

  By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must…

12 years ago

AMERICA INVENTS ACT – Limiting Joinder

By: Tyler Hampy   Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure…

12 years ago

Trade Name v. Trademark

  By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that…

12 years ago

Judge, can you “friend” me?

By: Tyler Hampy Although you may think that Facebook “friends” aren’t really the same thing as real-life friends, the ethical…

12 years ago

Trademark Law: Geographic Terms

  In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms.…

12 years ago

Trademark Law: Generic Terms

  My next couple of posts are going to focus on the types of words that can and can’t be…

12 years ago

Amendments to the Lanham Act

  2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent…

12 years ago

Facebook and the First Amendment

    Jennifer O'Brien had been employed as a school teacher in Paterson, New Jersey for many years. In December…

12 years ago