Find Lawyers in Raleigh, North Carolina for Trademark Law
Practice Area Overview
A mark is deemed protectable if it is distinctive, meaning that it is capable of identifying the source of a particular good. In determining whether a mark is distinctive, trademark law uses four separate classifications based on the relationship between the mark and the associated product: (1) arbitrary or fanciful (marks such as KODAK® and APPLE® that bear no inherent relationship to their associated products); (2) suggestive (marks such as COPPERTONE® that evoke a characteristic of the associated products); (3) descriptive (marks such as HOLIDAY INN® that directly describe a characteristic or feature of the associated products); or (4) generic (terms that describe the general category of the associated products, e.g., “phone,” “keyboard,” etc.). The first two categories of marks are protectable without proof that they have acquired distinctiveness in the minds of consumers, while descriptive marks require evidence that the consuming public has come to associate the term with its specific source. Generic terms are never protectable as trademarks, as they are necessary for general identification of a particular product category.
Once a trademark owner has acquired protectable rights in a mark, it may enforce its rights by preventing the use and/or registration of all subsequent infringing marks. The standard for infringement in the United States is “likelihood of confusion,” which means that consumers viewing the respective marks on their associated products are likely to be confused as to the source of those products or as to the sponsorship or approval of such products. In other words, determining infringement is not as simple as merely comparing the marks to see if they are identical; rather, courts will employ a multifactor test. While the precise factors vary slightly by jurisdiction, courts generally consider the following elements: (1) the strength of the plaintiff’s mark; (2) the relatedness of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of care exercised by the typical purchaser; (7) the defendant’s intent; and (8) the likelihood of expansion of the product lines.
Protecting and enforcing trademarks is critical to the success of any company. Trademarks allow consumers to distinguish a company’s products and services from those of its competitors, and also serve as indicators of the quality of such products and services. Indeed, many companies’ trademark portfolios constitute the majority of the value of their businesses. Please consult with an experienced trademark lawyer to explore how to best to protect your company’s trademarks.
Over the course of more than 25 years as a patent attorney matched with in-house experience as a pharmaceutical chemist at DuPont Merck Pharmaceuticals and Smithkline Beecham, Allen Baum, partner-in-charge of the Raleigh office, has the ability to take complex scientific and legal issues and distill them into timely, relevant and useful counsel. Allen represents life sciences companies in patent and licensing matters. Clients hire Allen to identify and execute strategies to protect key commer...
Art DeBaugh focuses his practice on trademarks , marketing/advertising/promotions issues, copyrights, trade dress, trade secrets, and business and corporate matters. As a North Carolina State Bar certified specialist in trademark law, Art has more than 25 years of experience protecting clients' intellectual property . Prior to joining Bell, Davis & Pitt in 2013, Art served as a partner in two law firms in the Research Triangle area. Prior to that, Art was chief counsel – intellectua...
With a career that has included in-house patent counsel positions at GlaxoSmithKline and Targacept, Inc. (now Catalyst Biosciences), Amy Fix understands the core business issues her clients face. She has spent many years helping clients protect pharmaceutical, agricultural and polymer technologies, and is notably skilled in the growing sector of small-molecule drug development. Amy’s clients range from large international pharmaceutical corporations to smaller companies producing innova...
Doug Meier is an experienced patent attorney and managing partner of NK Patent Law. With a background in electrical engineering and in-depth experience practicing patent law, Doug brings a unique combination of legal and technical experience that allows him to quickly understand complex electrical, computer, and software technologies. Before becoming a patent lawyer, Doug worked as an electrical engineer for a major defense contractor in Houston, Texas, where he designed and developed softwar...
R. Andrew "Drew" Patty II is a partner with Phelps Dunbar, LLP in the firm's Intellectual Property and Cybersecurity Groups. He has extensive experience in a broad range of transactional intellectual property matters and related litigation. He also has a growing cybersecurity and data privacy practice. His chemical patent experience includes patent preparation and prosecution in the fields of oilfield proppants and other downhole chemicals, refinery catalysts, organometallic chemistry, microb...
Coe Ramsey is a media and entertainment lawyer with an emphasis in broadcast, music, and intellectual property law. A former disc jockey, Coe represents radio and television stations, programming networks, music-related businesses, musicians, producers, artists, new media companies, and others in nearly every area of media and entertainment law. Coe has a diverse entertainment practice that includes matters related to music, radio, film, television, and publishing. His passion for broadcastin...
Bryan Skelton’s clients rely on his years of experience in intellectual property counseling and his focus on developing, executing, and enforcing worldwide market exclusivity strategies for their core assets. Pharmaceutical, chemical, and biotechnology companies of all sizes call on Bryan for portfolio growth, management and acquisition, due diligences, and strategic partnering. Bryan focuses his practice on advising pharmaceutical companies and research institutions on complex legal is...
Erica is a North Carolina State Bar Board Certified Specialist in Trademark Law. She assists individuals, small businesses, and large corporations with a wide array of intellectual property matters. Her practice focuses on trademark selection and clearance, trademark prosecution and registration, and trademark portfolio management. She also routinely engages in resolving trademark disputes, including drafting cease and desist letters, negotiating coexistence agreements, providing subject matt...
Katie Wong focuses her practice on commercial and intellectual property litigation, representing clients in all state and federal courts. She works with individuals and companies facing white-collar criminal charges and government investigations. She represents businesses of all sizes, as well as individuals, in litigation in state and federal court. She counsels clients through a wide variety of complex commercial matters, and has experience with both civil and criminal procedure. Katie also...
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