Category: Trademark Enforcement


Presenting at the 11th International Litigation and Arbitration Conference – Florida Patent Lawyer Blog

Written by Mark Terry  I was honored to present today at the 11th International Litigation and Arbitration Conference at the beautiful Biltmore Hotel in Miami, Florida. We discussed various aspects of international law, with my focus being on trademark issues relating to import/export of goods. A common phone call I receive from clients relates to the halting of goods at a port by Customs and Border Protection due to trademark issues. It usually sounds like this: “Mark, my goods were stopped at the port due to a trademark issue. Help!” Often, the problem relates to missing paperwork regarding permission or authorization to use a registered

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Nautica Successfully Opposes GET NAUTI Trademark – Florida Patent Lawyer Blog

Written by Mark Terry  Last week, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office agreed with Nautica Apparel’s that the GET NAUTI trademark should not be registered. As a Miami Trademark Lawyer, this case is interesting because it illustrates the criteria an opposer must meet when seeking to oppose the registration of a trademark that may negatively affect him. This case involved the well-known and registered NAUTICA trademarks which have been historically used in connection with a variety of products, such as clothing and toiletries, dating back many years. Recently, a party applied to

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Rebutting a presumption of abandonment of a trademark due to “non-use” – Florida Patent Lawyer Blog

Written by Mark Terry    What constitutes abandoning a trademark, thereby opening the door for someone else to use it? How long can you cease use of a trademark without losing trademark rights? These are common questions I field regularly as a Miami Trademark Attorney. And the answer depends on a few factors. The landmark case often cited in trademark abandonment disputes is Imperial Tobacco Ltd. v. Philip Morris Inc., 899 F.2d 1575, 14 USPQ2d 1390 (Fed. Cir. 1990), which involved the abandonment of a cigarette brand. We all know that two years of non-use of a mark is prima facie abandonment.

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