Trademarks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

Protecting Your Trademark in the United States

Protection Mechanisms in the United States. After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more

Proper Trademark Selection to Create a Strong Brand

What a Trademark is and What it Does. A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more

Maintaining Strong Trademark Rights

I. Determining the Strength of Your Mark. The strength, or scope, of a trademark as used in the marketplace is determined by a multi-factored analysis called the likelihood of confusion test, and the scope can differ...more

8 Legal To-Dos Before Your First Investment

So, you’re about to raise money for the first time. Good luck! Before you start approaching VC firms for pitch opportunities, though, be aware that investors typically expect a certain amount of organization and structure...more

(Subway) Eat Flesh, An Effective Parody?

This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more

Claims of Copying a Girl’s Best Friend

If you thought this would be about diamonds you are wrong. It is about chocolate! My favorite candy REESE’S Peanut Butter Cup is at the heart of Hershey Co.’s (“Hershey”) recently filed suit against LBB Imports LLC...more

Trademark Highlights from the IPO’s 2014 IP Record

The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing global intellectual property trends. Now in its seventh year, the report draws from a range of sources,...more

Supreme Court Will Decide Level of Deference, If Any, Given to TTAB Decisions Concerning Likelihood of Confusion

On July 1, 2014, the Supreme Court granted certiorari to review the Eighth Circuit’s decision in the case B&B Hardware, Inc. v. Hargis, Inc. (2013). B&B Hardware owns a registered mark for SEALTIGHT for self-sealing nuts and...more

Surviving a trademark opposition challenge: do you have a true "intent-to-use"? 5 key tips

Unlike the vast majority of jurisdictions around the world, under the US Trademark Act, only someone “who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce...more

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Intellectual Property and Technology News - Issue 23, Q3 2014

In This Issue: - Substitution Allowed? State Biosimilar Laws Are Evolving - Patent Wars: Can The Energy Industry Avoid Them? - Surviving A Trademark Opposition Challenge: Do You Have A True...more

No “Correct” Pronunciation for Trademarks that Are Unrecognized Words

StonCor Group, Inc. v. Specialty Coatings, Inc. - The U.S. Court of Appeals for the Federal Circuit, in affirming a Trademark Trial and Appeal Board (the Board) ruling finding no likelihood of confusion between the...more

Bankruptcy and Intellectual Property: Trademark Licenses, Chapter 15, and Pending Legislation

Introduction - Recent cases have addressed the interplay between intellectual property and bankruptcy, including trademark licenses and Section 365(n)’s application in Chapter 15 cases. Proposed legislation could...more

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

Indiana DOR Finds Economic Nexus, Disregards UPS

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

Will Chick-fil-A, uh Chicken Out?

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page...more

Arrow Productions, LTD v. The Weinstein Company LLC

Arrow Productions, LTD v. The Weinstein Company LLC - USDC, S.D. New York, August 25, 2014: District court dismisses copyright and trademark infringement claims of copyright owner of 1972 pornographic film Deep Throat,...more

The Business Law Of Twinkies and Trade Names #BusinessLawAttorney

Being a business law attorney it came to my attention, as I walked down the snack food aisle at the grocery store, and noticed a product that looked similar to a “Twinkie” that product copying can clearly be a problem for a...more

Why FLYING MONKEY WINE Never Got Off the Ground

Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more

Is Deadmau5 a Dead Mouse?

With the NFL season in full swing and my fantasy football league thus far undefeated, as well as some really interesting tech stuff on fashion week, I really wanted to focus on something fascinating and fun on this...more

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Ice Cream Maker No Softee When It Comes to Infringement of Its Trademarks

Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the...more

Put it on Ice: ALSA Abandons ICE BUCKET CHALLENGE Trademark Applications

So there is a thing called the ice bucket challenge. In case you haven’t heard of it, you can read about it here (while you’re at it, you may want to read up on the internet, color television, and greek yogurt). In fact, Matt...more

A Less Possessive Hershey’s Brand?

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906....more

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more

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