Larry Klayman, an attorney and General Counsel of an organization called Freedom Watch, brought an action against Facebook, Inc. and Mark Zuckerberg, founder and CEO of Facebook, Inc., (collectively referred to as “Zuckerberg”) asserting claims of assault and negligence. Zuckerberg filed a motion to dismiss, which the court granted just a couple weeks ago. […]
Widerman Malek Law Blog
Trademark Law: Secondary Meaning
In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]
Trademark Dilution: Blurring v. Tarnishment
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist […]
The Fair Use Doctrine: Does a Parody Qualify?
By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine. Specifically, this post will discuss whether parodies of copyrighted works can be considered fair use. To recap, the fair use doctrine permits the legal use of copyrighted material without first acquiring permission from the […]
Introduction to the Fair Use Doctrine
To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that the defendant engaged in the unauthorized copying of the work protected by the copyright. “Copying” refers to the act of infringing any of the exclusive rights that accrue to the owner of a valid copyright […]
Unfair Competition: How does it relate to trademark infringement?
By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair competition in the abstract, Black’s Law Dictionary defines unfair competition as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market […]
Louis Vuitton Sues for Trademark Infringement
Near the beginning of the film The Hangover: Part II, the four friends are walking through the Los Angeles International Airport on their way to board a flight to Thailand for Stu’s bachelor party. Alan, Mr. Socially Awkward, is carrying an over- the-shoulder bag appearing to be a pricey and lavish Louis Vuitton. While waiting […]
Trade Dress Protection
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]
A Guide to Trademark Licensing
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is there a way you can use the mark without getting yourself into trouble? The answer is yes! You need a trademark license. A trademark license is a permit to use another’s mark. It gives you […]
Proving Trademark Infringement in the Ninth Circuit
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a […]
