Trademark cease and desist letters are a crucial part of a trademark attorney’s arsenal. Granted, they seem simple and straightforward. However, when you dig beneath the surface, they are deceivingly complex. When a trademark owner undertakes the task of sending a demand letter without...

Sometimes you're the windshield. Sometimes you're the bug.

-Mark Knopfler, Dire Straits

There are, of course, several mutations of that quote.  Sometimes you’re the hammer. Sometimes you’re the nail. Sometimes you’re the dog. Sometimes you’re the hydrant. Sometimes...

Each of the 13 federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive. For ease of...