Houma Trademark Attorneys & Lawyers

Key Takeaways

• Trademarks identify the source of goods/services using logos, words, or symbols; trade dress protects the visual appearance or overall image of a product or business.
• Trade dress must be non-functional and have distinctiveness (often proven through secondary meaning) to qualify for protection.
• Registration of trade dress occurs through the USPTO's trademark system and can involve litigation to enforce rights.
• Trade dress is subject to stricter scrutiny than trademarks due to its broader and more abstract scope.
• Design patents, while not the focus here, offer another route for protecting visual features but differ significantly from both trademarks and trade dress.

What is Trademark vs. Trade Dress?

A trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the manufacturer of a product. Trade dress protects al

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Key Takeaways

• A trademark domain name protects a web address as a brand asset if it's used as a source identifier for goods or services.
• Merely registering a domain doesn’t give trademark rights; you must use it in commerce to gain trademark protection.
• Trademarking your domain name helps prevent cybersquatting, customer confusion, and dilution of brand reputation.
• Before trademarking, ensure the name isn’t already in use or registered — otherwise, you may risk infringement.
• Not all domain names qualify for trademark protection; generic or merely descriptive names typically won't.
• Legal recourse such as UDRP or ACPA may be available to reclaim misused domain names.
• Trademarking your domain provides stronger protection than domain registration alone.
• You can find experienced IP attorneys through UpCounsel for help with domain name trademark filings or disputes.

What is a Tradem

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What Is the Doctrine of Equivalents?

The doctrine of equivalents is a legal method for a patent owner to file an infringement claim even though the original product is not completely identical to the infringing product. 

There are a variety of ways for patent holders to protect their intellectual property. One of these methods is called the "doctrine of equivalents" (DOE). The doctrine of equivalents lets a patent holder sue for infringement if the product in question isn't exactly the same as the original. This prevents someone from making minor changes to a product in order to avoid an infringement case. 

In these cases, the Court will examine whether the infringing product is for the same purpose or completes the same function as the original product. If the product is found to be equivalent in these ways, then the patent holder will win their claim. 

This doctrine was established in Graver Tank & Mfg.

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Key Takeaways:

• Internet laws encompass regulations on privacy, security, intellectual property, and digital rights.
• Cybercrime, online fraud, and intellectual property theft are major concerns, necessitating robust cybersecurity laws.
• Various countries regulate online content differently, with some enforcing strict censorship and others prioritizing free speech.
• The General Data Protection Regulation (GDPR) in the EU and California Consumer Privacy Act (CCPA) set strict rules for data privacy.
• Emerging internet laws address artificial intelligence (AI), deepfake technology, and cryptocurrency fraud.
• Governments worldwide debate net neutrality, affecting how internet service providers manage online traffic.
• Website owners must comply with laws related to copyright, data protection, advertising, and online defamati

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