Archive for April, 2006


TM Infringement Test Generally

The test for trademark infringement is whether the defendant’s use of the trademark is likely to cause an appreicable number of consumers to be confused about the source of the goods and/or services, thinking that they come from, are affiliated with, or endorsed or sponsored by the plaintif.  There are basically 12 factors to this […]

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Why Register a Trademark

Ownership of a trademark is automatic as soon as the mark is first used in trade (or in the case of marks that are not inherently distinctive, as soon as the mark gains enough “secondary meaning” to act as an indicator of source for the owner). No registration is necessary to acquire ownership rights, but […]

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Response to a Higher Ed Communications Listserv Question

I posted this this morning in response to a question on a Higher Education Communications Professionals Listserv….  I thought it would be helpful here… — Trademark is about marketing – it’s about protecting the brand equity and good-will and investment in an “indicator of source” in a particular market. The goal is to protect consumers […]

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Life and Work

“If we are lucky in life, work becomes an experssion of who we are one of our most important anchors of meaning.” – John Abrams The Company We Keep: Reiventing Small Business for People, Community, and Place 2005

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