Litigation is the legal process through which the plaintiff and defendant (litigants) argue their side in court to achieve a specific outcome (monetary award, injunction to stop use of patented invention, avoidance of paying a settlement, etc.). Both businesses and individuals can file complaints with the court to start the process. In the end, the side that provides the best argument or demonstrates enough proof Read More
Web Retailers Bear No Burden to Police Trademarks
A federal judge in New York has ruled that online retailers do not have a burden to affirmatively police trademark infringers that sell on their sites. The case pitted Tiffany, maker of fine jewelry, against eBay. Tiffany asked the court to rule that eBay should be responsible for policing its site for trademark infringers, often in the form of forgeries sold on eBay. The Court ruled that eBay did not Read More
Apple Trademark Suggests Gaming
Apple Computer recently sought to expand its trademark protection into a new class of goods: gaming. The proposed expansion of its preexisting federal trademark has many in the industry wondering what Apple has planned. Some of the attempted protections are: hand-held units for playing electronic games; hand-held units for playing video games; stand alone video game machines; electronic Read More
