by Jane D. Tucker
One of the most important assets of a business is
the name of the product or service which it provides. A trademark is a
term, expression or design that identifies and distinguishes a product from
that manufactured or sold by others. A service mark is a term, expression
BY: BENNETT B. BORDEN , JAY BRUDZ , MONICA MCCARROLL , BRIAN C. VICK & NEIL MAGNUSON
In Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. , 2012 U.S. Dist. LEXIS 69577 (D. Neb. May 18, 2012) (Kiewit II) [ enhanced version available to lexis.com subscribers ], one of the first cases...
By Dabney Carr
In a recent decision denying a motion to dismiss claims relating to a "poached" service mark, Judge Hudson set a lenient standard for pleading trademark infringement under Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) [ enhanced version available to lexis.com subscribers...