Lawton Trademark Attorneys & Lawyers

Key Takeaways

• A suggestive trademark hints at the nature of a product or service, requiring imagination to make the connection.
• These marks are inherently distinctive and eligible for protection without proving secondary meaning.
• Examples include Netflix (suggests movies via the internet) and Greyhound (suggests speed and travel).
• They are stronger than descriptive marks but not as strong as arbitrary or fanciful marks.
• Courts assess “mental leap” and “competitor necessity” when distinguishing suggestive from descriptive marks.
• Properly crafted suggestive

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Key Takeaways

• An incontestable trademark provides stronger legal protection by limiting the grounds on which a mark can be challenged.
• To qualify, the mark must have been in continuous use for five years and registered on the Principal Register.
• Filing a Section 15 Declaration grants “conclusive evidence” of ownership and validity, offering significant litigation advantages.
• Even incontestable marks can still face challenges for fraud, abandonment, or misrepresentation.
• Incontestability strengthens a brand’s market value, enhances enforcement power, and helps deter infringers.
• Filing a Section 15 Declaratio

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Key Takeaways:

• Color Trademarks: Protect specific shades tied to your brand, requiring proof of customer association and long-term, exclusive use.
• Legal Criteria: No functional advantage, clear market recognition, and evidence of brand identity connection are essential for approval.
• Successful Examples: Tiffany & Co.'s blue and T-Mobile's magenta showcase effective trademark strategies.
• Protection Strategy: Maintain consistent use, detailed brand guidelines, and solid documentation to strengthen your trademark rights.
• International Considerations: Rules vary by country; plan global registrations strategically to safeguard your color globally.

Brand identity often centers on color, leading businesses to seek trademark protection for their signature shades. Many ask whether a company ca

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Key Takeaways:

• The DMCA protects digital creators by outlining processes like takedown notices to address unauthorized content use.
• Safe harbor provisions shield service providers from liability if they meet specific criteria, such as promptly addressing copyright complaints.
• Rights holders must provide detailed information when filing DMCA takedown notices to ensure compliance.
• Platforms utilize technical protection measures, like content-matching technology, to enforce copyright rules.

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Key Takeaways

• A trademark search helps avoid infringement, protect brand identity, and improve your chances of USPTO approval.
• Use multiple sources: USPTO’s TESS, state databases, international tools (WIPO, EUIPO), and common law searches.
• Go beyond words—search logos, phonetic variations, plural forms, and domain names to catch conflicts.
• DIY s

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