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Trademark Bullying
The term “trademark bully” is a hot one these days, showing up in blogs and getting its own Chilling Effects-esque website. Perhaps its use parallels the media’s coverage of what seems to be increasingly more child-bullying examples. A trademark bully…
What’s the difference between ® and TM?
The difference between the two symbols ® and TM is whether the trademark has been registered with the federal government. A mark with a TM signifies a mark that hasn’t been registered; the ® symbol can only be used with…
Right to Use versus Right to Exclude
The law provides for different rights, depending on the subject matter concerned, the evolution of the law through courts and legislative bodies, and practical implications. Some people think that a patent or a trademark gives the owner a right to…
Registered Trademarks and Cybersquatting: When the UDRP Is a Fast, Cost-Effective Weapon
If you own a registered trademark, you have already taken the most important step toward protecting your brand. However, trademark registration is not a final destination. You have to monitor your trademark to stop infringement, keep it from becoming diluted,…
Australia’s Cigarette Packaging and Trademark Owner’s Ability to Distinguish Themselves
I saw on the BBC a few days ago that Australia’s High Court had supported a new law requiring cigarette packs to be wrapped in some fairly revolting advertising. Australia already had very restrictive cigarette advertising laws. The packs will…
Protecting Cannabis-Related Intellectual Property
Many say cannabis is the next “Wild West.” Although a convenient metaphor, it is not entirely appropriate. Expansion into the American West was full of risk, speculation, and fraud. The growth of the cannabis industry has been continuous and risky,…

