Kandis Koustenis

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Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made headlines because it seemed to turn that basic premise on its head, awarding…
The “well-known marks” doctrine (also known as the “famous marks” doctrine), protects a trademark in a country where it has never been used, so long as the mark enjoys fame and renown sufficient to cross borders. We previously discussed the well-known marks principle and the fact that U.S. courts disagree about its application in the United States. Well, thanks to a recent case involving pain relievers called FLANAX, the Supreme Court may soon accept an invitation to resolve…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More When Hasbro introduced a hamster named “Harris Faulkner” to its “Littlest Pet Shop” line of animal character toys, it drew a multi-million dollar lawsuit from real-life television journalist Harris Faulkner. The complaint, filed in New Jersey, included claims for violation of the right of publicity under New Jersey common law and false advertising and false endorsement under the…
Part 1 of this series about famous marks discussed the well-known marks doctrine. This post discusses trademark dilution. Owners of famous marks can prevent others from using marks that “dilute” the famous mark under federal law. See 15 U.S.C. § 1125(c). Prior to 1996, trademark owners relied on state laws that may or may not have provided protection from dilution. In contrast to trademark infringement, trademark dilution may occur regardless of actual or likely confusion, competition or…