| Fragrances as Trademark Subject Matter |
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| Distinctive fragrances are eligible for federal trademark registration. The Trademark Trial and Appeal Board, in a landmark decision, reversed the Examining Attorney and held that there was no reason why a fragrance was not capable of identifying and distinguishing certain types of products. Thus, the Board allowed registration of an arbitrary, nonfunctional scent for sewing thread and embroidery yarn. More... |
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| U.S. International Trade Commission |
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| The U.S. International Trade Commission (USITC) is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement. The USITC was established by Congress in 1916. More... |
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| Trademark Fair Use |
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| A party is entitled to use a trademark in such as way as to describe the qualities that a mark represents as long as the manner of use of the mark is not as a trademark but only used in a descriptive sense. Fair use of a trademark occurs when a defendant uses a descriptive trademark of another party to describe the defendant's own product. This is the fair use defense set forth in the Lanham Act that provides: More... |
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| Copyright as Community Property |
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| Copyright and community property are both branches of property law. Although copyrights are created by federal law they are subject to some state law control as well. Copyright enforcement relies on state rules that are generally applicable to property. Under community property laws, a husband and wife become the co-owners of such property as may be owned or acquired by either spouse if and to the extent that such property falls within the definition of community property. A copyright work authored by a spouse during the marriage is community property. More... |
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| Trade Names |
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| The term ''trade name'' means any name used by a person to identify his or her business or vocation. ''Trade name'' refers mainly to the corporate, partnership, or other name of a business. The business may, in turn, market goods or services under one or more trademarks or service marks. More... |
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