Trade Names

News & Analysis as of

A Trade Name May Not Smell So Sweet If It’s Also a Trademark

There are many legal principals behind names of companies and their products and services. It is common for new businesses to check with the North Carolina Secretary of State to make sure no one else has their name. This is...more

Prudential Regulators Announce Final Changes To Call Report

On January 14, the Federal Reserve Board, the OCC, and the FDIC announced final changes to the Call Report to implement the Basel III capital standards and consumer data collection after delaying certain changes last year....more

Going into Business? Give Careful Thought to Selecting and Protecting Your Business Name

You should choose your business name with care, because the name of the corporation or the name under which a service or product will be sold has the potential to be a valuable asset of your business. Unless you take steps at...more

How to Make the Best Difficult Decisions in Uncertainty

I. Perpetual Calendar—Make Sure You Have Time for Reasoned Decisions - Stop trying to remember so much, reduce your stress, and avoid the risk of missing an important date. Every item that you can record onto a...more

Don’t Bank On Being Able To Use “Bank” In Your Corporate Name

“Bank” is a good example of a homonym (same spelling and pronunciation but different meaning), a homograph (same spelling but different meaning) and a homophone (same pronunciation). I can think of at least three different...more

What is a domain name? Is it the same as a company name? [Video]

Maria Crimi Speth, an Intellectual Property and Internet Law attorney at Phoenix Arizona business law firm Jaburg & Wilk, P.C. discusses domain names. She describes what a domain name is and talks about how it relates to...more

The (Best) Method to the Madness Behind Choosing a Company Name or Mark

The Wall Street Journal ran a print article on July 18, 2013 titled “What’s Behind Those Quirky Startup Names?” in which the author Lindsey Gellman discussed the derivation behind unique startup names such as Mibblio, Kaggle,...more

Tread Carefully When Using Competitor’s Trademarked Name With Online Advertising

The Ninth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed. ...more

The Issues of Trademark Infringement and Dilution Go “Wild”

Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production again...more

Funeral Homes In Charlotte Battle Over Trademark Infringement

You don't see a trademark infringement action in the Business Court every day, let alone a TRO decision, but a case with both came along last Friday in SCI Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services,...more

IP 101 – 10 Things to Know About Trademarks

1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more

Naming Your Baby Brand

In a rush of excitement to launch a new product or business, it’s easy to forget that selection of a trademark is not the same as naming a baby. Selection of a great trademark requires investigation....more

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