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Recent Trademark Infringement Cases You May Have Missed In 2018/19

There have been some significant trademark disputes hitting the headlines in the last twelve months. In April 2019, lawyers for Erik Brunetti, owner of the popular brand FUCT, challenged the provisions of federal law that allows for “immoral or scandalous matter” to be refused trademark protection. Mr Brunetti believes his First Amendment rights are being infringed. And given the decision in Matel v Tam 582 U.S. ___ (2017) he may have a strong chance of success.

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How Well Do You Understand Trademarks?

Outside of the branding processes undertaken by trademark professionals, there exists a fundamental fallacy - everyone seems to think that they understand trademarks. From startups choosing to go it alone with their applications to others decrying the need for trademarks at all, confidence in innate knowledge and simplicity is at an all-time high. 

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Is Your Legal Department a ‘Partner’ to Your Business?

It is the general perception that lawyers, whether in-house or private practice, often aren’t viewed in the role of a valuable strategic partner. Instead the legal department can be viewed as being an impediment to the business needs which must be worked around in order to succeed. Whilst undoubtedly the ability of the lawyer to prevent the business from taking a hit is appreciated, the rest of the time, the restrictions imposed by legal issues can chafe a bit.

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Why Don't Businesses Value Their IP?

The ever-popular and ever-despairing topic of client education in the world of IP is an interesting one. Despite the years of debate and initiatives employed by various individuals and bodies alike, little active progress can be reported. The useful question to ask then becomes whether or not there is likely to be any progress in the future.

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Top 6 Resolutions For Trademark Professionals In 2019!

It’s often said that 80% of New Year’s resolutions have gone out the window by February. There are probably a multitude of reasons why this should be so but high on the list is the fact that most resolutions are outcome goals rather than process goals.

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8 Trademark Industry Trends to Watch in 2019

Predicting the rise or fall of trends in any industry is a tricky business. No one wants to be caught wearing last season’s hemlines, guiltily adding sugar (bad) to your coffee (apparently also bad) instead of sinking wheatgrass shots whilst perfecting your downward facing dog or any of a host of potential missteps. The trademark industry has its own trends and I think it’s safe to bet that we will be hearing more about these issues in 2019!

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What Makes a Great Trademark Attorney?

Amongst those new to the trademark world, a familiar theme emerges. Queries are raised about the basics of trademarks, the necessity of registration and the value (or otherwise) of consulting with a trademark attorney. Client education is a consistent hot topic amongst lawyers in almost every practice area but none are required to ‘prove’ their value to quite the same extent or with such dreary regularity as trademark attorneys.

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