Defending an Opposition to Your Intent to Use Mark

One basis for opposing intent to use trademark applications is to show lack of a bona fide intent to use the mark at the time the application was filed.  Defending against these claims requires documentation of actual intent to use the mark as claimed in the...

Famous Names Can Lead to Trademark Problems

If you share a name with a famous mark, you may be restricted in the use of your own name.  It is especially important to refrain from creating associations with the well-recognized brand.  Estates of the celebrity or iconic brand owner often litigate to preserve the...

Graffiti Artist Sues American Eagle for Copyright Infringement

Ahol Sniffs Glue, a graffiti artist, uses his public art to express his social activism message and counter-cultural criticism.  His Ocean Grown graffiti mural is displayed on a public building in Miami.  American Eagle launched an advertising campaign where the...

UGG v. JC Penney, Sears & Walmart

Thanks to Oprah Winfrey’s endorsement in 2000, UGG boots have risen to celebrity status in the shoe world.  I can attest to the fact that most teens and tweens wear UGG boots with everything from shorts and skirts to yoga pants and jeans. Deckers Outdoor Corporation,...