Attorneys Handling Trademark Law

Our trademark law firm has over 100 years of cumulative experience handling trademark issues.

Trademarking Marijuana Brands: Can It Be Done?

The question of whether you can trademark your marijuana related brands is one that has become increasingly common as more states move toward medical and recreational legalization.  Under the United States Patent and Trademark Office’s (“USPTO”) “Lawful Use Rule,” the use in commerce on a federal trademark registration application cannot be for an illegal purpose.  […]

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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue.  A cease and desist letter is typically the most cost-effective option, but particularly egregious instances of trademark infringement can often call for initiating a lawsuit.  Before you decide to jump in to trademark infringement […]

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Supreme Court Strikes Down Lanham Act’s Disparagement Clause

On June 19, 2017, the Supreme Court issued an opinion in Matal v. Tam, 137 S. Ct. 1744 (2017), striking down the disparagement clause in the Lanham act that had been in place since 1946. The clause reads that no mark will be registered that is a “matter which may disparage or falsely suggest a […]

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Vacation Store website

Cybersquatting Lawsuit against Vacation Store of Miami & Media Insight Group, Inc.

Traverse Legal, PLC and the Tenzer PLLC in Miami represent Heron Development Corp. (holder of Palace Resorts’ trademarks in the United States) in a Anticybersquatting Consumer Protection Act (“ACPA”) and Trademark Infringement case pending in the United States District Court for the Southern District of Florida.  The Defendants in the case are Vacation Tours, Inc. (AKA: Vacation Store […]

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Security Interests in Trademarks: Best Practices

A security interest is a property interest created by agreement between parties or by operation of law over assets in order to secure the performance of an obligation.  This typically arises in the context of a creditor and debtor, wherein the creditor extends monies to the debtor and wishes to secure preferential rights in whatever […]

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Top 5 International Trademark Protection Tips

There is no such thing as a global trademark, really.  Trademark rights are territorial.  This means that your securing trademark rights, either via use or registration, in one country does not necessarily provide you with trademark rights in another country.  There are limited exceptions to this rule surrounding the territorial scope of trademark rights, such […]

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Franchises: Nothing Without a Trademark

Put simply, a trademark is a necessary building block to any franchise.  We have represented franchisors and franchisees across a whole range of trademark matters.  We have helped franchisors select, clear, apply for, register and enforce their trademark.  We have been there when a franchisor chooses to, or is forced to, rebrand its trademark. There […]

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Branding: Top 5 Legal Considerations for Trademark Rebranding

If you are a newer company, you may think about rebranding as your company’s offerings change.  For example, you have now pivoted away from being focused on a particular niche good or service and your company name is now too limiting.  Alternatively, the service mark or trademark you originally used does not seem to resonate […]

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Entertainment Law and IP Rights: What Every Celebrity and Athlete Should Know

Entertainment law encompasses several areas of law applicable to celebrities, athletes, actors, musicians, models and entertainers, among others.  One of the most important involves intellectual property law.  IP rights come in many different forms, and “stars” (aspiring or otherwise) should know their rights. Right of Publicity (i.e. one’s right to prevent the misappropriation of her […]

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Trademark License Agreement – Top 5 Considerations

Trademark owners, at one time or another, must consider whether to license certain rights in its trademark to others.  The reason to do so is simple: monetize the trademark rights in the form of licensing fees.  While a trademark licensing agreement may come in many forms (e.g. Merchandise License Agreement, Software License Agreement, etc.), it […]

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