“Fair Use” as a Defense to Trademark Infringement.

So, when can you “own” a name through registration of a federal trademark and not be able to stop someone else from using it? Sounds like the exact opposite from why you registered the trademark in the first place, but, as with just about everything in life, there are some exceptions with trademark law. The two biggest exceptions encompassed under the umbrella of “Fair Use Defenses” are uses that are “descriptive” and “nominative”. Descriptive use occurs when Company B uses a term, trademarked by Company A, to describe the...

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The Startup Garage by Tyler Jensen

The Startup Garage is a business plan writing and startup coaching company. They are always excited about the opportunity to work with new entrepreneurs to help launch and grow their businesses. They have worked with 50+ companies in a wide range of industries as well as run companies themselves. They value integrity, success, clarity and focus at The Startup Garage. Their mission is to bring entrepreneurial dreams to life through personalized business planning services.  Tyler Jensen is CEO and Founder, please visit his website at...

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ICIP Defends 16-year old Trademark Holder

ICIP successfully defends 16-year old trademark holder, client Corey Carrillo.  In David Chan v. Corey Carrillo, the TTAB ruled in favor of ICIP’s client, 16-year old Corey Carrillo, dismissing Mr. Chan’s complaint with prejudice (which means he is out of luck in trying to challenge us again).  Too bad a 16-year old trademark holder has to defend himself, but the TTAB did the right thing in this case. Mr. Carrillo is the inventor, manufacturer, and distributor of the “Grip Ur Deck” customized and customizable grip tape decks for...

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Carlsbad Chamber of Commerce Trademark Issue

InterContinental IP successfully defends Carlsbad Chamber of Commerce.  For some reason,  people keep picking on the Carlsbad Chamber of Commerce on trademark issues. InterContinental IP has had to recently step in and rectify a couple of situations and sucessfully defend the Chamber’s trademarks.  Most recently, the Chamber has had some problems with rouge members setting up LinkedIn groups using the Carlsbad Chamber’s name.  In the latest case, we  had the Linkedin group dissolved and a new group, “Carlsbad Chamber of...

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Inventing Profit: Meet the Inventors

All are invited to an organizational meeting for the second season of Inventing Profit.   For our second season, the theme is going to be “Meet The Inventors” and will feature 12 half-hour shows, each featuring a different inventor.  The goal of Meet The Inventors is to use actual inventors and their experiences to illustrate various parts of the process of trying to turn an idea into a profitable invention.   Meet The Inventors will also feature of number of mentors from various industries who will counsel the inventors and offer...

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