A recent case out of the southern district of New York,  Bath and Bodyworks Brand Management Inc v Summit Entertainment LLC, discusses the affirmative defense of advice of c...

what a lot of folks understand is that we use common terms to refer to things, actions verbs and nouns for objects, so things that were trademarked in the past; such as escalat...

Parody and Satire may be covered under free speech, but what if someone was infringing on your registered trademark under the guise of parody?  What rights do trademark owne...

Each situation is unique, but for example, a trademark use is likely fair when a product cannot be effectively identified without use of the trademark or when there would be no ot...

After your company has registered its trademarks and has a product ready for the market, it can be very tempting to boost your product through comparison with the product of a com...