Whether you’re a contractor or property owner, there are a lot of things that can go wrong during construction projects. Property owners might refuse to pay; contractors might not perform to contractual standards; and projects may suffer lengthy delays. When should you hire a construction litigation attorney? Here’s a brief guide to working with construction […]
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Has Someone Taken Your Business Trade Secret or Confidential Information?
Many businesses have proprietary secrets that give them a competitive advantage, ranging from secret recipes, client lists and formulas to innovative know-how, algorithms and marketing strategies. Such a trade secret is a type of intellectual property protected by both federal and Colorado state law. The whole point of a trade secret is that it’s secret—so […]
Actual Details to Prove Actual Confusion
By James Juo. “Evidence of actual confusion, where it exists, would of course be highly probative of a likelihood of confusion” with respect to a trademark. Brooklyn Brewery Corp. v. Brooklyn Brew Shop, LLC, 2020 USPQ2d 10914, at *19 (TTAB 2020), aff’d in relevant part, vacated in part, 17 F.4th 129 (Fed. Cir. 2021) (citing […]
Hello to friends and clients of Thomas P. Howard LLC
Our office in Louisville, Colorado, was spared in the Marshall fire that destroyed so many homes as it swept through our local community on December 30, 2021, although our office building is currently closed as heat and water were temporarily shut off as a result of the fire. We hope that to be resolved by […]
Reverse Confusion—When the Big Mirage Infringes the Little Mirage
By James Juo. The term “reverse confusion” has been used to “describe the situation where a significantly larger or more prominent newcomer ‘saturates the market’ with a trademark that is confusingly similar to that of a smaller, senior registrant for related goods or services.” In re Shell Oil Co., 992 F.2d 1204, 1207 (Fed. Cir. […]