In the world of trademarks, some marks are stronger than others. Fanciful marks are the strongest. These are made-up terms that have no meaning except as a brand, such as PEPSI or XEROX. Arbitrary marks are almost as good. These are real words that have no association with their respective goods or services, like APPLE (for computers) or CUB (for
This year I went through the process of filing trademark applications for my law firm’s trademarks. Soon after I filed the applications, I started receiving all kinds of trademark scams via mail from companies claiming to publish international catalogues of trademarks and provide global trademark protection. I realized that all of my clients are receiving these scam mailings every time
Our English language is a quirky one. Pronunciation oddities, inconsistent grammatical rules and, of course, the continual quandary: “its” vs. “it’s.” English has numerous words that have negative connotations but, in many cases, the positive variation of that word is not in our common vernacular. Examples of such words are: uncouth, unravel, unwieldy, and unscrupulous. Really, when was the last
Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks
We have written several times about counterfeit products being sold on Amazon. The Amazon selling platform welcomes all sellers and buyers. As a result, it has become so vast that control, much less elimination, of counterfeits seems to be an unreachable goal. In 2017, Amazon sales were reported to be almost 178 billion dollars through more than two million sellers.
In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as
For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such
Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in
American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress
We’ve written about “patent marking” before, but it is very important for patent owners. We previously noted a change in U.S. law that provided a new manner for marking a product with a patent number. This new scheme provides a great solution to problems that many manufacturers faced in effectively marking their products with patent numbers. However, it seems to
In the world of trademarks, some marks are stronger than others. Fanciful marks are the strongest. These are made-up terms that have no meaning except as a brand, such as PEPSI or XEROX. Arbitrary marks are almost as good. These are real words that have no association with their respective goods or services, like APPLE (for computers) or CUB (for
This year I went through the process of filing trademark applications for my law firm’s trademarks. Soon after I filed the applications, I started receiving all kinds of trademark scams via mail from companies claiming to publish international catalogues of trademarks and provide global trademark protection. I realized that all of my clients are receiving these scam mailings every time
Our English language is a quirky one. Pronunciation oddities, inconsistent grammatical rules and, of course, the continual quandary: “its” vs. “it’s.” English has numerous words that have negative connotations but, in many cases, the positive variation of that word is not in our common vernacular. Examples of such words are: uncouth, unravel, unwieldy, and unscrupulous. Really, when was the last
Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks
We have written several times about counterfeit products being sold on Amazon. The Amazon selling platform welcomes all sellers and buyers. As a result, it has become so vast that control, much less elimination, of counterfeits seems to be an unreachable goal. In 2017, Amazon sales were reported to be almost 178 billion dollars through more than two million sellers.
In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as
For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such
Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in
American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress
We’ve written about “patent marking” before, but it is very important for patent owners. We previously noted a change in U.S. law that provided a new manner for marking a product with a patent number. This new scheme provides a great solution to problems that many manufacturers faced in effectively marking their products with patent numbers. However, it seems to
