Trademark Law

Doniger / Burroughs

Trademark Law

Trademark law protects symbols, names, slogans, or any device used by businesses to identify and distinguish their goods or services from those of others. Trademarks can include logos, brand names, and even sounds or colors associated with a product or service.

The primary purpose of trademark law is to prevent consumer confusion by ensuring that consumers can easily identify the source of goods or services in the marketplace. Trademark rights are typically established through actual use in commerce, though registration with the appropriate government authority can provide additional benefits and protections. Trademark owners have the exclusive right to use their mark in connection with their goods or services and can take legal action against others who infringe upon those rights.

Infringement occurs when someone uses a mark that is likely to cause confusion with a registered trademark. However, there are limitations and defenses, such as fair use and parody, which allow for the use of trademarks in certain circumstances without permission.

The attorneys at Doniger / Burroughs are seasoned professionals in registering trademarks, handling Trademark office actions, and litigating trademark infringement cases on behalf of a wide variety of clients across many industries. Among the firm’s many notable victories are:

  • RATT v. WBS, et al: After recovering all trademark rights in the name RATT for the RATT Partnership by invalidating a purported assignment that one of the (now former) Partners used to usurp control of the RATT name, Doniger / Burroughs pursued a claim for infringement and counterfeiting and was awarded a judgment of $2,002,005 With that judgment, Doniger / Burroughs finally put to rest one of the longest band-name trademark disputes in history. See https://www.laweekly.com/there-are-still-two-versions-of-ratt-and-their-legal-disputes-go-round-and-round/#:~:text=Two%20factions%20have%20been%20warring%20over%20who%20does%20and%20who
  • Uncle Nearest, Inc. V. Danica Dias: Successfully represented Danica Dias in securing her “Grown Folks” intent-to-use trademark by defeating the Opposition filed by Fawn Weaver’s Uncle Nearest. Grown Folks has gone on to great success (www.drinkgrownfolks.com) and we couldn’t be prouder!
  • Do Lab LLC v. Life is Beautiful, et al.: Doniger Burroughs has worked with Do Lab LLC to, inter alia, protect its “LIB” trademark, including stopping its use by rival festival “Life is Beautiful.”

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