by evansfox | Dec 13, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how courts across the country apply different tests when evaluating whether there has been an infringement and how the law is...
by evansfox | Dec 12, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actually a part of the trademark laws, specifically Section 43(a) of the Lanham Act. The law itself states that a...
by evansfox | Oct 30, 2012
This story tickles my funny bone. A 16 year old student, Jimmy Winkelmann, started a company called The South Butt, producing a clothing line that was a parody of North Face. The product was wildly popular, but North Face was not amused. It sued for trademark...
by evansfox | Oct 8, 2012
Receiving a Cease & Desist letter – Part 3: exploring patent licenses In Part 1 of this series on cease & desist letters, I explained that the first course of action should be to hire a patent attorney for an infringement opinion, which will determine...
by evansfox | Oct 8, 2012
In Part 1 of this series on cease and desist letters, I suggested hiring an attorney for an infringement opinion if and when you are faced with a cease and desist. Before investing in the expense of negotiations and possible litigation, you will want to determine if...
