Benjamin Appelbaum, Attorney at Law

July 2019 Archives

Venmo or Lenmo? PayPal claims trademark infringement

Many New Jersey consumers and businesses rely on PayPal or Venmo for money transfers or online purchases. A fewer number may have heard of Lenmo, an online startup that focuses on peer-to-peer loans. However, PayPal is suing Lenmo for trademark infringement, claiming that the company is seeking to unlawfully profit from the goodwill and fame of its Venmo brand trademark. Venmo is a PayPal subsidiary brand marketed primarily to younger people. While its lack of fees attracted many to the mobile app, where it is used to transfer money between friends or make online purchases, it is growing more popular overall as a way to pay for music, food and ride share services.

Prime Inc. sues Amazon for trademark infringement

New Jersey readers have likely noticed Amazon trucks with "Prime" written on the side of them while traveling area roadways. However, Prime Inc., a Missouri-based trucking company, claims the retail giant's use of the word on its vehicles amounts to trademark infringement.

Iconic names restored at Yosemite National Park

As part of a $12 million settlement paid to the park's former concessionaire, many of the names for locations in Yosemite National Park were changed back to their original names. The lawsuit was originally filed when a new company took over many of the park's concessions and hospitality services and changed the names of many iconic locations. The result of this lawsuit could also affect the naming of locations in national parks in New Jersey and other states.

ITC trademark rulings do not prevent future litigation

For many New Jersey businesses, protecting their intellectual property can be an important part of keeping their brands active and growing. There are a number of different venues where companies can take legal action against infringement of their trademarks, patents and copyrights. However, one question that may arise is whether a decision in one venue may prevent the issues from being raised again in a different court. According to one federal appeals court's decision, U.S. International Trade Commission rulings on trademark infringement do not necessarily preclude litigating the issue again in federal district court.

Supreme Court rules in patent infringement case

Inventors and businesses in New Jersey and around the country obtain patents to protect their inventions, processes and designs, and they may pursue legal remedies when others use their original ideas without permission. These cases are usually complex, and patent infringement lawsuits sometimes drag on for years. A recent patent dispute case that included the Alabama-based company Return Mail and the US Postal Service was decided by the US Supreme Court. With a majority vote of 6-3, the justices ruled that the agency had infringed on intellectual property rights protected by a patent.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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