Trade dress is a type of unfair competiton where one party copies another’s package, look, or feel of a product or service.  In a recent case involving trade dress, a party filed a complaint claiming trade dress rights in a design on the rear pocket of jeans, but alleged only that the design was unique and nonfunctional.

The court held it lacked factual allegations that the design is not aesthetically or otherwise functional and that it had acquired secondary meaning.  The federal and state claims were dismissed with leave to amend to correct any such pleading deficiency.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation, Intellectual Property, Trademark  |   No Comments/Questions

Rights of publicity represent one type of intellectual property. Intellectual property laws prevent the unauthorized use of your name, likeness, image, or photograph without your expressed consent. The First Amendment places limitations on publicity rights as they relate to free speech and certain forms of creative works.

Just like any other valuable intellectual property right a celebrity’s name, image and likeness has value like a companies trademark has value.  Because it is ofen their most valuable asset, like any intellectual property right it  is work protecting.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation, Intellectual Property, Trademark  |   No Comments/Questions

With the expanding rise in e-commerce and internet marketing there are new challenges for companies that want to protect their trademarks and concerns for people in selecting trademarks that could be seen as infringing.

Trademark law is expanding.  Before the wide use of the internet along with valuable domain names, and social network sites like Facebook and Twitter, the test for trademark infringement was whether the consumer would likely be confused as to source, origin, or affiliation of two different brand names or trademarks. 

For example, if one company uses the name “Caterpillar” as their trademark for butter and another company uses the same word as their trademark for tractors or farm equipment, it does not appear likely that consumers would be confused between the use of this same word for two completely different products. 

However, these days everyone seems to use the  internet to market their goods.  We are seeing many claims of trademark infringement by companies in completely different industries suing over the use of the same or similar names.  Surveys conducted of consumers viewing different trademarks were asked if they believed whether the manufacturers of certain goods needed the approval of another company to use their trademark or logo.

This raises the issues if there is confusion over sponsorship between competing marks.  The end result is that even if consumers are not confused on whose product they are buying, if they believe that one company is sponsoring the other, an action for infringement will lie.  This is  especially true if the senior users mark is famous or well known.

Companies are advised to agressively enforce their trademark rights which will  require prompt  cease and desists letters followed  by litigation if necessary.

Companies thinking about using a trademark need to research their  intended mark  carefully.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Intellectual Property, Trademark  |   No Comments/Questions