Kevin Keener's Page

For the last number of years, the trademark office has taken a hard line approach concerning fraud in the registration of a trademark. Under federal law, a third party may file a petition to cancel a registration of a trademark if the registration was obtained fraudulently. In 1986, the Federal Circuit summarized the standard for fraud in Torres v. Cantine Torresella S.r.l., 808 F.2d 46 (Fed. Cir. 1986). In that case the Court stated, “Fraud in procuring a trademark registration or renewal occur… Continue

Copyrights protect any expression of ideas that are fixed in a tangible medium of expression. When most people think of copyrights they think primarily of artists- authors, painters, musicians, etc. However, the definition of copyright is much more expansive. It covers anything that is created, not just popular literature, music, or movies. Copyright protects all forms of expression regardless of the purpose for which the item was created. Some people don’t think about it, but copyright law prot… Continue

The internet allows you to sell your products and services across the entire country. Unfortunately it also opens the possibility that someone may sue you in a state where you have never even been.

To be properly sued in a court, the court must have personal jurisdiction over you. For starters, a court can have general jurisdiction over you. This occurs when you have “systematic and continuous” activities in the state (such as living there). If the court does not have general jurisdiction over… Continue

Check your avatars. Bloomberg reported that Taser International Inc., maker of the famous stun gun, has sued Second Life creator Linden Research Inc. for trademark infringement.

Taser is alleging that Linden is infringing its trademark by allowing sales of virtual weaponry under the Taser name brand. Taser is claiming that those who sell this virtual weaponry in Second Life are hurting the Taser name… Continue

The Second Circuit Court of Appeals just greenlit a case to go forward against Google for claims of trademark infringement based on Google's AdWords program. Rescuecom, a computer repair and support company, owns a federal trademark to "Rescuecom". Rescuecom claimed that Google was selling this mark as an AdWord to Rescuecom's competitors. When a person searched "Rescuecom" on Google, links to the competitors' sites would appear in the sponsored links section. Rescuecom claimed that this practic… Continue