August 9, 2013
World Intellectual Property Review
This article from WIPR, reports on two law firms in the United States—both named The Webb Law Firm—that are “locked in a trademark dispute” over naming rights. The plaintiff based in West Virginia has been practicing under the name since 2006. The defendant, based in Pennsylvania, claims use of the name since a 1994 federal trademark. Finnegan partner B. Brett Heavner provided insight on the unusual case between two law firms, noting that trademarks based on surnames can be weak, unless they have wide-spread recognition, like McDonald’s. “I’m not sure the Pennsylvania firm would rise to that (McDonald’s) level,” he said.
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