Laura Marmulstein

PARTNER

Laura counsels clients on legal issues related to intellectual property, including patents, trademarks, and copyrights. Laura helps clients build strong intellectual property portfolios, taking into account various types of protection options, such as utility and design patents, including both U.S. and foreign, trademark and trade dress registrations, and copyright registrations.

Laura’s patent practice includes patent procurement, enforcement, and defense, involving patentability, non-infringement, and validity assessments. Laura has experience with a broad range of technologies, including biotechnology, consumer products, mechanical devices, and software applications.

In her free time, Laura enjoys skiing, hiking, camping, traveling, and art.

FOCUS AREAS

Intellectual Property

Patents, Trademarks, Copyrights

Utility & Design Patents

Articles

Intellectual Property

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another mark, i.e., whether consumers would confuse the goods and/or services provided under the respective marks as coming from the same source.

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Intellectual Property

Trademark Protection Based on Trademark Use: Nuances to Defining Trademark Use

The moment you begin using a trademark in U.S. commerce to identify the source of your goods or services, you establish what are known as “common law” rights in the trademark. What constitutes a “use in commerce” is legally defined. A “use in commerce” is defined as “the bona fide use of a mark in the ordinary course of trade.”

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Copyright Law

To Register or Not to Register: The Benefits and Limitations of a Trademark Registration

The moment you begin using your trademark in U.S. commerce (for example, with the sale or exchange of your goods and/or services), you establish what is called “common law” trademark protection. While you have certain rights in your trademark upon use, there are various limitations to common law rights and we almost always recommend seeking registration of your trademark. Trademark registration affords you with greater rights not available under common law, though there are certain limitations on those rights, as discussed below.

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