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Houston Intellectual Property Law Blog

How to take action against trademark infringement

You spent a considerable amount of time working on your business to show it is reputable and respectable. What happens then when you suddenly see that your trademark has been infringed on? A trademark carries the goodwill of your company to your customers that your competitors may want to get in on. If you are wondering if your trademark has been infringed on and what you should do about it, here is some information to know.

Is Your U.S. Trademark Registration Being Audited?

Did you know that a U.S. trademark registration can be audited by the USPTO? Yes, the USPTO conducts random audits of approximately 10% of maintenance and renewal declarations. The audits apply to filings of both regular U.S. trademark registrations and Madrid Protocol International registrations to require additional proof of use of two items of goods or services specifically selected by the USPTO.

European Union Data Privacy Law Requires Urgent Compliance by U.S. Companies

The European Union General Data Protection Regulation (GDPR) will become law on May 25, 2018 that is rapidly approaching with multi-billion dollar penalties for violation. It will require significant change to websites of U.S. companies and how they may collect and use personal data derived in Europe. This includes U.S. companies that have operations or vendors in Europe and transmit personal data from employees and vendors to the U.S. for processing and reporting. The penalties for GDPR violations are up to the greater of 4% of the company's global revenue or 20 million Euros are substantial. Now is the time for executives of U.S. companies to take prompt actions to comply before it is too late.

Is Your Photo, Video, Music, Text or Design Copied on a Website or YouTube?

A question I am often asked is how to stop someone from copying original photos, videos, sound recordings, text or designs and posting them on a website or YouTube.

Trademark Oppositions and Cancellations: One Case Shows They Can Move Faster

In the USA, the Trademark Trial and Appeal Board decides contested cases for registration and cancellation of federally registered trademarks. For trial cases, the average time between filing and decision is 36 months[1]. This article is an illustration of one of the author's cases that reached a trial decision in 15 months from filing using the Board's Accelerated Case Resolution Procedure ("ACR") in an issue of priority of use of a mark. ACR is not adapted for all cases, but this article will suggest guidelines for which cases fit ACR treatment.

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