By James Juo. There have been increasing concerns about low-cost trademark filing entities such as Trademark Terminal, ranging from providing incorrect application information to charging inflated filing fees. Moreover, such companies often are based overseas despite claiming to be based in the United States. For example, Trademark Terminal claims to be based in Los Angeles, […]
By James Juo. Arbitration clauses in license agreements and other contracts are common. The question of whether a particular dispute falls within the scope of what the parties had agreed to arbitrate is known as “arbitrability.” A court should not assume that the parties agreed to arbitrate arbitrability “unless there is ‘clea[r] and unmistakabl[e]’ evidence […]
By James Juo. For a business engaged in rendering services, a service mark is “registrable, in the same manner and with the same effect as are trademarks.” 15 U.S.C. § 1053. “The term ‘service mark’ means any word, name, symbol, or device, or any combination thereof … to identify and distinguish the services of one […]
By James Juo. The U.S. District Court for the District of Colorado has granted summary judgment of trademark infringement against an unauthorized reseller in Otter Products, LLC v. Triplenet Pricing Inc., No. 19-cv-000510 (D. Colo. Nov. 10, 2021). Plaintiff Otter manufactures and sells mobile device, smartphone, and tablet cases and accessories under the OtterBox and […]
By James Juo. A trademark must function as an identifier of the source of the applicant’s goods or services. In re DePorter, 129 USPQ2d 1298, 1299 (TTAB 2019) (citing Sections 1, 2 and 45 of the Trademark Act). “The Trademark Act is not an act to register mere words, but rather to register trademarks. Before […]