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  • Trademark Owners Secure Key Victory in U.S. Supreme Court

    By Procopio Partner Lisel M. Ferguson and Associate Tiffany Salayer Can a trademark owner suffering infringement win an award for profits even if the infringer is not found to have done so willfully? The answer is now a definitive yes thanks to a recent U.S. Supreme Court decision. Specifically, the High Court distinguished an award for profits under the Lanham Act provisions governing trademark violations, section 1125(a), and dilution (section 1125(c)). In Romag Fasteners, Inc. v. F...

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  • USPTO Targets Fraud Through Trademark Rule Changes

    By Procopio Partner Lisel M. Ferguson and Associate Neil A. Salyards In an effort to prevent fraudulent filings, the U.S. Patent and Trademark Office (USPTO) has instituted several changes to its trademark application, maintenance, and enforcement procedures that are worth noting for trademark applicants and practitioners both in the U.S. and abroad. The USPTO is now requiring electronically filed trademark applications using the USPTO’s Trademark Electronic Application System (TEAS...

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  • Protecting Your Online Business and Assets in the Age of COVID-19

    By Procopio Partner Lisel M. Ferguson With COVID-19 prompting stay-at-home orders from state and local officials across the United States, both business owners and consumers are online more than ever. This new normal means businesses must make greater use of the internet to grow sales and provide services. What many companies don’t realize is how easy it is to protect their online brands, products, publications and service if intellectual property (IP) protection is in place before infr...

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  • U.K. Promises to Protect All Existing E.U. Trademarks Post-Brexit

    By Procopio Partner Lisel M. Ferguson To say that uncertainty remains over exactly what the European trade and commerce landscape will look like once the United Kingdom (UK) completes its “Brexit” from the European Union (EU) would be an understatement. That said, developments are starting to appear positive for trademark owners seeking protection in both the UK and EU. While the U.K. government’s official Brexit blueprint released in mid-July made no mention of trademarks, a key me...

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