What is a Trademark?

The 1946 Lanham Act defines a trademark under the term “trade-mark.” A trademark includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others. Today, a mark is considered a trademark in many jurisdictions if it […]

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Combination surname trademarks

The analysis of a combination surname trademark requires two inquires. First, is the term added to the surname “merely descriptive” of the applicant’s goods and services? In re Hutchinson Technology, Inc., 852 F.2d 552 (Fed. Cir. 1988). Specifically, is “collection” merely descriptive of KEI’s goods and services? Second, did adding the additional term to the […]

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Armani UDRP Decision and Analysis

Armani UDRP Decision and Analysis: The failed Armani.com UDRP complaint is an example where legitimate interests exist in an otherwise famous brand name. Armani UDRP Complaint Summary The UDRP panel found that the then owner of armani.com, Mr. Anand Ramnath Mani, had a legitimate interest in the armani.com domain name because his initials were A.R. and […]

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