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Trademark

  • Oct. 17, 2017|By Gregory B. Collins

    The following Kercsmar & Feltus attorneys were selected The Best Lawyers in America for 2018 in Intellectual Property Litigation: 

    Geoffrey Kercsmar 

    Gregory Collins 

    Sean O’Hara 

    Founding Member Geoff Kercsmar was honored as Best Lawyers’ “2018 Scottsdale Litigation – Intellectual Property Lawyer of the Year.” The “Lawyer of the Year” Award is allocated annually to the lawyer who has the highest overall peer-review feedback in a certain practice area for a particular geographic region.

    Member Gregory Collins was also rated as a "Best Lawyer in America" for Patent Litigation.  

  • May. 16, 2017|By Gregory B. Collins

    Each year, Phoenix Magazine publishes lists of the top professionals and businesses in Phoenix.  This year, three K&F attorneys were recognized in the May edition of Phoenix Magazine as "Top Attorneys."   Geoffrey Kercsmar and Todd Feltus were recognized for their work in business litigation.  Greg Collins was honored in the category of intellectual property litigation. 

  • May. 01, 2017|By Gregory B. Collins

    In May 2017, Acquisition International Magazine selected Kercsmar & Feltus "IP Litigator of the Year - Southwest USA.” The 2017 IP Excellence Awards recognize the very best intellectual property professionals across the industry, which includes copyright, trademark and patent litigation practices. Now in its fourth year, this awards showcase the major players within this industry for those who are seeking IP support services.  

  • Oct. 05, 2016|By Molly Rogers

    Tiffany & Co. has received a substantial $13.75 damages award in its trademark dispute with Costco Wholesale regarding Costco’s sale of imitation engagement rings under the “Tiffany” name.  Costco’s liability was decided on summary judgment last year by Judge Swain of the U.S. District Court for the Southern District of New York. 

  • Sep. 30, 2016|By Geoffrey S. Kercsmar

    The U.S. Government estimates that trade secret theft costs the U.S. economy over $400 billion dollars annually. This isn’t new: trade secret theft has been a problem since the Industrial Revolution. For the most part, the federal government has remained silent on the issue and allowed states to address it on their own. Most states have enforced some variation of the Uniform Trade Secrets Act. But recently, Congress has gotten involved to help curb the ongoing effects of trade secret theft.

  • May. 19, 2016|By Gregory B. Collins
    Today, the Washington Post published the results of its poll regarding the Washington Redskins’ name.   In that poll of 502 Native American adults, 9 in 10 Native Americans said they were not offended by the name “Redskins.”  Given the recent media coverage on this issue, the results of this poll are surprising.   As the Washington Post article notes, 23% of non-Native American adults it surveyed find the name offensive.   Put another way, non-Native Americans are actually more offended (at least percentage-wise) by the Washington Redskins' name than Native Americans.  The poll results are more than just attention-grabbing, they may be legally relevant.   
  • May. 17, 2016|By Gregory B. Collins

    On behalf of our clients, we have alleged that a competitor falsely advertises it products as “natural” when the product contains synthetic materials.   Some attorneys have argued that because the Federal Trade Commission (“FTC”) has not defined “natural,” a jury is not competent to determine whether a product is in fact natural.   Under this erroneous reasoning, a company could advertise any product as “natural,” no matter how artificial its ingredients.   On April 12, 2016, the FTC made clear that Kercsmar & Feltus’s position on “natural” is the law.  

  • Sep. 30, 2015|By Molly Rogers

    In September 2015, the New York Federal District Court found that Cosco Wholesale infringed the famous Tiffany & Co. TIFFANY mark by selling "Tiffanyy" engagement rings.  The court entered summary judgement on infringement despite that Costco Wholesale had submitted "substantial" evdience that the TIFFANY mark was generic.  The decision is on appeal.  The outcome on appeal will be closely monitored by retailers throughout the country. 

  • Dec. 01, 2014|By Gregory B. Collins

    A recent consumer survey concluded that internet marketing now has a greater impact on consumer spending than conventional television and radio advertising.  But, as recent court decisions demonstrate, internet marketing should be undertaken—just as television and radio advertising was in the past—with one eye focused on creating sales and the other eye focused on avoiding legal exposure.

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