Good trademark selection is almost always a curious process. You want your client to select a distinctive and memorable mark, but not one that is too close to a competitor’s brand or one that is so descriptive that it’s unprotectable. The trademark selection and clearance process is sometimes a bit like navigating an American Ninja Warrior obstacle course. The United
On a level playing field, competitors follow the same rules. The reason for this is obvious. If competitors are required to follow the same rules, uncompetitive advantages are minimized. In the IP world, not so level playing fields abound. Since trademark and patents rights are generally nationalistic, rules favoring a country’s own residents are not surprising. But what about rules
In the United States we usually have the power of choice. We have the freedom to choose our elected officials, how we worship, where we live and, as consumers, what car we drive and where we bank. When it comes to the usage of financial services and, specifically credit cards, we get to answer the question, “What’s in your wallet?”
Every notable movement needs a good name – a memorable moniker. Some movement names are purely descriptive, like CIVIL RIGHTS MOVEMENT or GAY RIGHTS MOVEMENT, while others are less so such as TEA PARTY MOVEMENT or BOSTON STRONG. Can the name of a movement also constitute a brand that is protectable under our U.S. trademark laws? A trademark is anything
For a patent attorney at a first-time meeting with a new client, these questions inevitably arise: “Who is going to own the patent application and eventual patent?” and “Why can’t my LLC file for the patent application?” At this point we start explaining, but the client’s eyes soon cross and glaze over. Being experienced attorneys in these matters, we just
All is fair in love and war.” This axiom is frequently thrown about and is often used as a basis to justify certain actions. If it is true about love and war, what about business? These days the competitiveness to sell products or services can be very intense. What is fair between competitors in the marketplace? Is it like love
We both have active trademark practices and are constantly evaluating whether a client’s proposed trademark is available for use for that client’s goods or services. We review a lot of trademarks. While brands are valuable and very important for a business, we do our best to steer our clients away from difficulties that are ancillary to their primary mission –
The use of images on websites and social media posts continues to raise copyright concerns. The author who created the image (photographer, videographer or artist) owns the copyright to the image – including the rights to distribute, display or create copies. Distributing, displaying or copying without consent of the copyright owner is infringement. Use of an image already available on
Coronavirus disease 2019 (COVID-19) – nothing could be more topical. Everyone has been writing about COVID-19 for months since there is little other news. No sports events to recap. No concerts or plays to critique. No craft brewery or restaurant experiences to review. No celebrity hook-up/spit-up drama to report. But hey, we are magazine columnists and obliged to fill the
Along time ago – before we had the internet and Snopes to sort such things out – there was a rumor that Standard Oil, a large oil company at the time (perhaps the largest in the world) purchased a patent for a carburetor that would give a car the ability to go 100 miles per gallon. A key feature of
Good trademark selection is almost always a curious process. You want your client to select a distinctive and memorable mark, but not one that is too close to a competitor’s brand or one that is so descriptive that it’s unprotectable. The trademark selection and clearance process is sometimes a bit like navigating an American Ninja Warrior obstacle course. The United
On a level playing field, competitors follow the same rules. The reason for this is obvious. If competitors are required to follow the same rules, uncompetitive advantages are minimized. In the IP world, not so level playing fields abound. Since trademark and patents rights are generally nationalistic, rules favoring a country’s own residents are not surprising. But what about rules
In the United States we usually have the power of choice. We have the freedom to choose our elected officials, how we worship, where we live and, as consumers, what car we drive and where we bank. When it comes to the usage of financial services and, specifically credit cards, we get to answer the question, “What’s in your wallet?”
Every notable movement needs a good name – a memorable moniker. Some movement names are purely descriptive, like CIVIL RIGHTS MOVEMENT or GAY RIGHTS MOVEMENT, while others are less so such as TEA PARTY MOVEMENT or BOSTON STRONG. Can the name of a movement also constitute a brand that is protectable under our U.S. trademark laws? A trademark is anything
For a patent attorney at a first-time meeting with a new client, these questions inevitably arise: “Who is going to own the patent application and eventual patent?” and “Why can’t my LLC file for the patent application?” At this point we start explaining, but the client’s eyes soon cross and glaze over. Being experienced attorneys in these matters, we just
All is fair in love and war.” This axiom is frequently thrown about and is often used as a basis to justify certain actions. If it is true about love and war, what about business? These days the competitiveness to sell products or services can be very intense. What is fair between competitors in the marketplace? Is it like love
We both have active trademark practices and are constantly evaluating whether a client’s proposed trademark is available for use for that client’s goods or services. We review a lot of trademarks. While brands are valuable and very important for a business, we do our best to steer our clients away from difficulties that are ancillary to their primary mission –
The use of images on websites and social media posts continues to raise copyright concerns. The author who created the image (photographer, videographer or artist) owns the copyright to the image – including the rights to distribute, display or create copies. Distributing, displaying or copying without consent of the copyright owner is infringement. Use of an image already available on
Coronavirus disease 2019 (COVID-19) – nothing could be more topical. Everyone has been writing about COVID-19 for months since there is little other news. No sports events to recap. No concerts or plays to critique. No craft brewery or restaurant experiences to review. No celebrity hook-up/spit-up drama to report. But hey, we are magazine columnists and obliged to fill the
Along time ago – before we had the internet and Snopes to sort such things out – there was a rumor that Standard Oil, a large oil company at the time (perhaps the largest in the world) purchased a patent for a carburetor that would give a car the ability to go 100 miles per gallon. A key feature of
