Property, intangible

a blog about ownership of intellectual property rights and its licensing

secondary meaning

  • Winning With No Trademark at All

    In the United States we often think of “unfair competition” as a claim that is for infringement of an unregistered trademark, but the theory is broader than that. Los Defensores v. Gomez is the rare case where there was an unfair competition claim not involving a trademark, and it was successful. Plaintiff-respondent Los Defensores is […] Continue reading

  • Bar Napkins Aren’t the Best Kind of Contract

    You be the judge, and it’s not hard on this one.  Dean Bach owned and operated “Dino’s Lounge” in Ferndale, Michigan.  A bar in Northville, Michigan was on the blocks and Bach and a guy named Martinez bid against each other for it.  Martinez’s bid was accepted, but he didn’t have experience running a bar. […] Continue reading

  • Trade Dress and Copyright

    This is the final post in the series on Tacori Enterprises v. Rego Manufacturing. As well as claiming copyright in the ring design, Tacori also claimed that the ring design was Tacori’s protected trade dress and sued for trademark infringement. Tacori has filed a trademark application for registration of the trade dress in the ring […] Continue reading