The ideal situation for a new product in a competitive marketplace is to keep the new product under wraps as long as possible, while seeking trademark priority rights. However, the process for obtaining trademark rights (for a trademark that has not yet been used) requires the filing of an application to register that trademark at the United States Trademark Office.
We are often called upon to evaluate whether a proposed brand is available as a mark for our client’s goods or services. We consider such issues as whether the mark is too descriptive to function as a trademark for those products, and whether prior users or registrations might present problems for our client’s proposed use. We then report to the
According to the International Trademark Association, the U.S. auto industry alone could employ over 200,000 additional employees if it could put counterfeiters out of business. Louis Vuitton estimates 2-3 million counterfeit items are produced each year – double the number of genuine LOUIS VUITTON brand products produced annually. According to an Associated Press 2017 article, counterfeit goods cost the U.S.
“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin, 1779 On April 21, 2016, Prince died without a will. Since then, his estate has been involved in constant legal turmoil. The initial reports dealt with who his heirs
In the patent universe, there has been extensive discussion as to whether artificial intelligence (AI) can “invent” – and if AI can invent whether AI then qualifies as an “inventor” under U.S. patent law. Much of this discussion has been carried out at a highbrow level. We will, of course, take a different road. Let’s address some issues which have
Applying for trademark protection provides your business with the peace of mind that comes from being able to prevent third parties from using your phrases or logos for profit. However, the application process can be complex, and if you find out that someone else applied for protection of a similar logo, your request may be denied. But what happens if
When was the last time you used “intellectual” and “pets” in the same sentence? Oh, sure – some think cats are fiercely independent and stealthy, and others think dogs are fiercely loyal and clever (when not napping) but “intellectual?” Not likely. Take a walk down any U.S. Street – urban, suburban or country. You will probably encounter someone walking a
“Branding” the product is a normal first step when introducing that product into the marketplace. A primary focus of branding is what to “name” it. The name will be used to promote the product. Intellectual property attorneys call this product name a trademark or service mark. In a world filled with competitors, the choice of a trademark may have legal
Copyright protects the expression of an idea by the creator(s) of that expression. Our clients create “stuff” all the time, but what of that “stuff” qualifies for copyright protection? Three recent examples of copyright issues in the news are (1) Taylor Swift alleging copyright infringement by an amusement park (Evermore Park, in Utah) for its costumed actors performing her music
In 2020, there were over 700,000 trademark applications filed at the U.S. Trademark Office. In the past the U.S. Trademark Office has been fairly friendly to trademark applicants from abroad. Recently, however, filings from non-US applicants have increased dramatically and many of these filings have presented examination issues, especially when it comes to allegations of “use” of a trademark. One of
The ideal situation for a new product in a competitive marketplace is to keep the new product under wraps as long as possible, while seeking trademark priority rights. However, the process for obtaining trademark rights (for a trademark that has not yet been used) requires the filing of an application to register that trademark at the United States Trademark Office.
We are often called upon to evaluate whether a proposed brand is available as a mark for our client’s goods or services. We consider such issues as whether the mark is too descriptive to function as a trademark for those products, and whether prior users or registrations might present problems for our client’s proposed use. We then report to the
According to the International Trademark Association, the U.S. auto industry alone could employ over 200,000 additional employees if it could put counterfeiters out of business. Louis Vuitton estimates 2-3 million counterfeit items are produced each year – double the number of genuine LOUIS VUITTON brand products produced annually. According to an Associated Press 2017 article, counterfeit goods cost the U.S.
“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin, 1779 On April 21, 2016, Prince died without a will. Since then, his estate has been involved in constant legal turmoil. The initial reports dealt with who his heirs
In the patent universe, there has been extensive discussion as to whether artificial intelligence (AI) can “invent” – and if AI can invent whether AI then qualifies as an “inventor” under U.S. patent law. Much of this discussion has been carried out at a highbrow level. We will, of course, take a different road. Let’s address some issues which have
Applying for trademark protection provides your business with the peace of mind that comes from being able to prevent third parties from using your phrases or logos for profit. However, the application process can be complex, and if you find out that someone else applied for protection of a similar logo, your request may be denied. But what happens if
When was the last time you used “intellectual” and “pets” in the same sentence? Oh, sure – some think cats are fiercely independent and stealthy, and others think dogs are fiercely loyal and clever (when not napping) but “intellectual?” Not likely. Take a walk down any U.S. Street – urban, suburban or country. You will probably encounter someone walking a
“Branding” the product is a normal first step when introducing that product into the marketplace. A primary focus of branding is what to “name” it. The name will be used to promote the product. Intellectual property attorneys call this product name a trademark or service mark. In a world filled with competitors, the choice of a trademark may have legal
Copyright protects the expression of an idea by the creator(s) of that expression. Our clients create “stuff” all the time, but what of that “stuff” qualifies for copyright protection? Three recent examples of copyright issues in the news are (1) Taylor Swift alleging copyright infringement by an amusement park (Evermore Park, in Utah) for its costumed actors performing her music
In 2020, there were over 700,000 trademark applications filed at the U.S. Trademark Office. In the past the U.S. Trademark Office has been fairly friendly to trademark applicants from abroad. Recently, however, filings from non-US applicants have increased dramatically and many of these filings have presented examination issues, especially when it comes to allegations of “use” of a trademark. One of
