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Understanding Trademark Tacking - Part I

Intellectual property can be among the most valuable assets that a business possesses. As a result, many businesses work hard to protect their intellectual property. With the aid of attorneys experienced in both business and intellectual property laws, these businesses copyright, trademark and patent their intellectual property carefully, consistently and adequately.

This kind of protection generally enables businesses to sue any entity that violates their intellectual property rights and protects businesses against lawsuits which could ultimately endanger the value of that property. However, it is important to understand that intellectual property lawsuits are often as complex and nuanced as any other business litigation may be. As a result, it is important to understand what it at stake in regards to every claim affecting your business.

A recent Supreme Court decision may change the stakes of certain trademark protection cases. Attorneys and businesses often need to alter their litigation strategy when a matter is set for a trial by jury as opposed to a claim that will be decided by a judge alone. In addition, if any given matter is considered to be a question for a jury as opposed to a judge, different strategies may need to be employed in order to be successful that given question.

The Supreme Court has recently held that matters of "trademark tacking" are questions to be decided by juries, not judges. What exactly is trademark tacking and why does this recent holding matter for businesses invested in intellectual property? Please check back next week as we will continue to explore these questions in our next post.

Source: Findlaw Free Enterprise, "What Is Trademark Tacking?," Mark Wilson, Jan. 21, 2015

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