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Jayaram Law Successfully Defeats Motion For Preliminary Injunction In Federal Trademark Dispute Regarding Puerto Rican Pop Stars Menudo
150 150 Vivek Jayaram

Menudo International, LLC (the “Plaintiff”) filed a trademark infringement action on April 26, 2017 against In Miami Productions, LLC (“IMP”), a client of Jayaram Law.  The Plaintiff sought immediate relief in the form of a preliminary injunction to preserve the status quo and to prevent irreparable harm pending a final determination on the merits of its claims.  The allegedly infringing…

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Music Copyright 101
150 150 Brett Manchel

If you’re a big music fan like me (and at least as old) you remember the days of buying CDs, watching music videos on MTV, and downloading songs from Napster. Of course, these things have given way to buying digital tracks on iTunes, watching videos on YouTube, and streaming songs on Spotify. A lot has changed for the music industry,…

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How Do I Select a Name for My New Business
150 150 Vivek Jayaram

Entrepreneurs and Innovators share at least one thing in common: the challenge of selecting a name for a new venture.  In a digital world where seemingly every catchy word or phrased seems to be used by someone else, choosing an original, creative, valuable name for a new venture isn’t easy. When clients consult us regarding a name for a new…

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I Received a Cease and Desist Letter but I Have a Registered Trademark
150 150 Vivek Jayaram

Entrepreneurs and other early stage companies sometimes approach us after having received a cease and desist letter from a company claiming that their trademark rights have been infringed upon.  On occasion, these clients are particularly surprised to receive such a letter because they have a registered trademark. Don’t be deceived: registered trademark holders can commit trademark infringement just like anyone…

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What Is a Use in Commerce?
150 150 Vivek Jayaram

When a trademark dispute arises among or between two marks, any experienced practitioner will immediately determine which mark is the senior user.  In the United States, a senior user with a registration will prevail against a junior user, provided the marks are confusingly similar.  A senior user without a registration will typically be limited to senior rights in the geographic…

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India Revises Trademark Rules
150 150 Vivek Jayaram

India’s new Trade Mark Rules 2017 are effective March 6, 2017. These Rules, which replace the Trade Mark Rules 2002, will streamline and simplify the processing of Trade Mark applications in India.  Some pertinent features of the Rules are as follows: Number of Trademark Forms have been reduced from 74 to 8. To promote e-filing of TM applications, the fee…

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Jayaram Law Obtains Dismissal of Federal Case On Behalf of Client “Sugar” Shane Mosley
150 150 Vivek Jayaram

Hitz Entertainment Corporation filed a lawsuit in the Northern District of Illinois against former world lightweight and welterweight champion boxer Shane Mosley, as well as his promotion company, GoBox Promotions, Inc., for tortious interference with a contract and tortious interference with prospective economic relations arising out of a boxing event promoted by Mosley and GoBox in Inglewood, California on August…

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The Importance of Running a Trademark Search
150 150 Vivek Jayaram

Before you use or attempt to register a trademark, it’s critical that you conduct a trademark search.   Why?  Well, there’s really two primary reasons (and a host of ancillary ones): First, you want to ensure that you’re not infringing upon the rights of any third parties.  If you fail to conduct a search, use an infringing mark, and then…

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Trade Dress Enforcement
150 150 Vivek Jayaram

An issue in trade dress enforcement is the ability to protect a product that could be viewed as unable to be legally protected. In a case before the United States International Trade Commission: In the Matter of: Certain Footwear Products (2015), Administrative Law Judge Charles Bullock ruled for the shoe manufacturer Converse when they sued Wal-Mart, Sketchers and other companies…

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Trademark Law and Initial Interest Confusion
150 150 Vivek Jayaram

An important concept in trademark law is initial interest confusion. Initial interest confusion occurs when one wrongly thinks a company filters a shopper toward a product that they were not originally searching for, when they searched for a different, registered product. In the case of Multi-Time Machine Inc. v. Amazon.com and Amazon Services LLC, (2015) The 9th Circuit Court of…

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