Jayakumar Law

Trademark Law

Trademarks are vital for protecting a business’s brand identity, serving as a recognizable symbol of quality and trust for consumers. They cover elements like names, logos, slogans, and even colors or sounds that distinguish goods or services in the marketplace. Governed by the Lanham Act, 15 U.S.C. §§ 1051 et seq., trademark law provides comprehensive protection, allowing businesses to register their marks for nationwide rights and to use the ® symbol. Registration also creates a legal presumption of ownership and exclusive use, enabling enforcement against infringement.

Trademark registration with the United States Patent and Trademark Office (USPTO) is a crucial step in securing nationwide protection for your brand. The process involves filing an application, meeting specific eligibility requirements, and demonstrating that the mark is distinctive and used in commerce. Once registered, a trademark provides exclusive rights to use the mark in connection with the goods or services listed and strengthens your position in disputes over unauthorized use. A registered trademark also allows for listing on the USPTO’s database, serving as public notice of your rights.

Trademark disputes often arise in two key forms: TTAB proceedings and infringement lawsuits. The Trademark Trial and Appeal Board (TTAB) handles opposition and cancellation proceedings, which determine a trademark’s validity and registration rights. While TTAB rulings do not award monetary damages, they can significantly impact a business’s ability to secure or maintain a trademark.

In contrast, trademark infringement lawsuits, filed in federal court, address unauthorized use of a mark that causes consumer confusion or dilutes the brand’s value. These suits allow trademark owners to seek remedies such as injunctions, damages, and attorney fees. Together, TTAB proceedings and infringement suits are critical tools for businesses to protect their trademarks and enforce their rights against unauthorized use.

Copyright Law

Copyright law protects original works of authorship, such as literary, musical, artistic, and audiovisual creations, ensuring that creators retain exclusive rights over the use and distribution of their work. Governed by the Copyright Act of 1976, copyright law grants the owner rights to reproduce, distribute, publicly display, perform, and create derivative works based on their creation. Protection arises automatically upon the creation of a work in a tangible medium, but registering with the U.S. Copyright Office enhances enforcement options and provides access to statutory damages and attorney fees in infringement cases.

Copyright registration is an essential step for creators looking to safeguard their intellectual property. Registration creates a public record of ownership and strengthens the copyright holder’s position in legal disputes. It also ensures eligibility to bring a lawsuit for infringement, where remedies may include injunctions, actual damages, and profits gained by the infringer.

Disputes over copyright typically arise in the form of infringement lawsuits, which occur when someone uses a copyrighted work without authorization. Courts assess factors like substantial similarity and fair use to determine whether infringement has occurred. Copyright law strikes a balance between encouraging creativity by protecting original works and ensuring public access to cultural and informational resources.

Unfair Competition

Unfair competition under the Lanham Act encompasses both false advertising and false designation of origin, protecting businesses from deceptive practices that harm competition and mislead consumers. These provisions ensure a fair marketplace by prohibiting false or misleading claims about products or services and misrepresentations regarding the source, sponsorship, or affiliation of goods or services.

False advertising involves making misleading claims about a product’s quality, performance, or features, or about a competitor’s offerings, in a way that materially affects consumer decisions and harms a competitor. False designation of origin, on the other hand, occurs when a business misrepresents the source or sponsorship of its goods or services, often through improper use of trademarks, trade dress, or other identifiers, leading to consumer confusion.

To bring an unfair competition claim under the Lanham Act, plaintiffs must demonstrate that the false statements or designations are likely to deceive consumers and have caused or are likely to cause harm to their business. Remedies under the Lanham Act may include injunctive relief, monetary damages, and the disgorgement of profits gained through the deceptive practices. By addressing these unfair practices, the Lanham Act helps businesses protect their reputations and ensures consumers can make informed purchasing decisions.