• Posts Tagged ‘opposition’

    Never Underestimate the Burden of Proof

    by  • October 28, 2015 • trademark • 0 Comments

    Trademark examining attorneys occasionally make mistakes and often the error can’t be challenged once the trademark is registered.* In Vujovic v. Octop there was a clear procedural error and it was most likely outcome determinative. Two people worked together at a company called “Octop.” The opinion doesn’t have much information (because most of the...

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    How to Write a Well-Pleaded Complaint

    by  • August 17, 2015 • trademark • 1 Comment

    The Lanham Act provides a federal cause of action for trademark registration and infringement, including for infringement of unregistered (so-called “common law”) trademarks. It is well-accepted, though, that the Lanham Act doesn’t preempt state law on the subject; all states* have laws providing for registration at the state level and an infringement cause of...

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