Intellectual Property Blog

The TTAB Advantage: Opposition and Cancellation Proceedings Not all trademark disputes end up in federal court. The Trademark Trial and Appeal Board (TTAB), an administrative body within the USPTO, provides a specialized, often more cost-effective forum for challenging the registration of a trademark. The two primary types of TTAB proceedings are Opposition and Cancellation. 1. Opposition Proceedings (Stopping a Mark Before it Registers) An Opposition proceeding is filed wh

The First Sale Doctrine: When Resale is Not Infringement The First Sale Doctrine is one of the most important defenses in trademark law, particularly in the context of e-commerce and distribution disputes. Simply put, once a trademark owner sells a product, they generally exhaust their right to control the subsequent resale of that genuine product. This means that a person who buys a genuine trademarked product is free to resell it without the trademark owner's permission.

Trademark Litigation Damages: Maximizing Financial Recovery from Infringers While stopping the infringing activity through an injunction is the primary goal of trademark litigation, securing a substantial financial recovery is essential to compensate for past harm and deter future infringement. The Lanham Act (15 U.S.C. § 1117) provides a flexible framework for calculating and maximizing damages, but it requires a sophisticated legal and financial strategy. The Three Avenue

Navigating Amazon IP Disputes: Takedowns, Counter-Notices, and Seller Defense For e-commerce businesses, particularly those on Amazon, intellectual property disputes move at the speed of the internet. A wrongful or legitimate IP complaint can lead to an immediate ASIN takedown or even account suspension, crippling a business overnight. Navigating Amazon's internal IP enforcement mechanisms requires a specialized legal approach that understands both the law and the platform's

Trademark Dilution: Protecting Famous Brands from Blurring and Tarnishment For truly famous brands, trademark law offers a powerful layer of protection beyond the traditional likelihood of confusion standard: Trademark Dilution. The Federal Trademark Dilution Act (FTDA), codified in 15 U.S.C. § 1125(c), allows the owner of a famous mark to prevent others from using a similar mark, even if the goods or services are completely unrelated and there is no likelihood of consumer co