In Westmont Living, Inc. v. Retirement Unlimited, Inc., the U.S. Court of Appeal for the Fourth Circuit vacated a judgment of the Federal District Court for the Eastern District of Virginia because the lower court did not address the parties’ competitive marketing, the locations from which they solicit and draw their customers, the scope of […]
Best Practices for Your Company to Protect and Preserve its Trademark’s Strength Through Proper Use
This is the ninth blog in Finkel Law Group’s ongoing trademark law series. Previous blogs have explored how to secure, register and enforce trademark rights through cease and desist letters, litigation, and administrative proceedings. This blog shifts focus to a foundational yet often overlooked aspect of trademark protection: How your company’s use of its mark—in […]
Enforcing Your Company’s Trademark Rights: Opposition and Cancellation Proceedings
This blog is the eighth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. Protecting your company’s trademarks doesn’t always require litigation in federal court. The U.S. Trademark Office provides an administrative process for challenging pending trademark applications and existing […]
United States Supreme Court Addresses Corporate Separateness and Defendant’s Profits Under the Federal Lanham Act for Trademark Infringement
On February 26, 2025, the United States Supreme Court issued its opinion in Dewberry Group, Inc v. Dewberry Engineers, Inc. In doing so the Court reaffirmed the legal protections afforded to separately formed, organized and governed corporations. The case raised the question of whether a court could order disgorgement of profits for trademark infringement from […]
Enforcing Your Company’s Trademark Rights: Remedies for Infringement and Principal Defenses to Infringement Claims
This blog is the seventh in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. Once a trademark owner initiates an infringement claim, understanding the potential remedies and defenses is critical. Remedies for trademark infringement can include injunctive relief, monetary damages, […]
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