“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 end of a Congressional year is met with typical threats of a government shutdown if the following year’s budget is not authorized. News headlines seem to cry that if legislators do not come to an agreement, a government shutdown will cause great distress. The end of 2020 seemed to have more stress than other years due to the addition
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
“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 end of a Congressional year is met with typical threats of a government shutdown if the following year’s budget is not authorized. News headlines seem to cry that if legislators do not come to an agreement, a government shutdown will cause great distress. The end of 2020 seemed to have more stress than other years due to the addition
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
