Trademark
USPTO Rejects “Let’s Play” Trademark
Sony is now far less likely to gain control over the phrase “Let’s Play” after the United States Patent and Trademark Office (USPTO) has updated its rejection of the company’s attempt to trademark it. The cited reason for the rejection … Continue reading
Wine and Kombucha Companies Fight over Name
When a company trademarks something such as a name or a logo, they are doing it because it protects their business. In a society where brand recognition is often based on colorful labels and logos and decals, protecting your logo … Continue reading
Larry the Cable Guy Files Suit against Gas Station
Names and logos can be trademarked. So can catch-phrases. One has to be very careful when naming their business or company after an already-existing trademark. Litigation can be the end result in such cases. The company that owns the merchandising … Continue reading
Fan Conventions Fight it out over Name Trademark
Trademark disputes can be tricky things to pursue. Often, whether or not a trademark has been violated can depend on the presence of space or a punctuation mark. Such small minutiae can mean that a trademark has not been violated. … Continue reading
Cannabis Dealers Having Trouble Registering Trademarks
Registering a trademark should be one of the first things any savvy business owner does. A trademark, whether it is a name or a logo, can not only make a business identifiable and stand out, it can also be protected … Continue reading
Urban Farmers Lose Trademark Fight
One of the dangers of having a trademark is that it can become generic if you do not police your mark. A simple example of this is Google. To “google” something has become a verb. While Google can protect their … Continue reading
Pittsburgh Steelers File Cease and Desist to Protect Trademark
When it comes to trademarks and logos, many companies and organizations take it very personally when another uses a version of its logo for their own purposes. The Steelers and the National Organization for the Reformation of Marijuana Laws are … Continue reading
Know Infringement when you see it
Intellectual property can be confusing to a new business owner. It can be instructive to look at past intellectual property cases and see where and how infringement may have occurred so you can look for similar things in your future … Continue reading
What do those Funny Symbols Mean?
New business owners trying to wade into the pool of possible IP protections may soon find themselves very confused. Figuring out exactly which protections are necessary is vital. Do you need a patent or a trademark? How do I file … Continue reading
What Happens When Countries Disagree Over IP?
When companies or individuals are accused of stealing from each other, lawsuits happen. When countries do it, it’s not so simple. China has been accused of stealing IP from US sources for quite some time, but to call them out … Continue reading
What Happens When the Public Trademarks You?
Trademarks are normally developed through long marketing meetings and lots of brainstorming. Selecting a Trademark is often a difficult decision involving aesthetics, what appeals to the right demographic, and so on. Logos and marketing messages are all carefully crafted. But, … Continue reading
Craft Alcohol Companies Duke it Out over Name Infringement
We’ve been talking a lot lately about sweeping international IP changes. Here is a story about a possible IP infringement that hits closer to home. A Washington state wine producer is suing a Boulder brewing company for using its name. … Continue reading
PROTECTED TRADEMARKS AND DOMAIN NAME DISPUTES
What are your rights when the trademark you properly protected ends up — just slightly altered — as the domain name of a totally unrelated party? That was the question before a WIPO (World Intellectual Property Organization) arbitration panel in … Continue reading
TRADEMARKS: “USE IN INTERSTATE COMMERCE”
Although there is no requirement that a trademark actually be used by the applicant prior to filing a trademark application, there is a requirement that the person or enterprise seeking to obtain rights in a trademark establishes that the mark … Continue reading
Domain Name and Trademark Dispute
Domain names and trademarks are related, but not the same thing. The rights derived from each are very different. Trademark rights flow from use of a mark for goods or services in interstate commerce or within a state’s boundary. Domain … Continue reading
The best-known areas of Intellectual Property: Patents, Trademarks and Copyrights
A Patent oftentimes protects things which have some sort of function. Before filing a patent application, you should have Michael L. Greenberg, our registered patent attorney, perform a patent search to find out if your idea appears patentable. A patent … Continue reading
The Trademark
“A mark is a sign or a symbol which enables its owner to distinguish his goods or services from the same or similar goods or services of another.” World Trademark Law and Practice, Matthew Bender & Co., Inc., Ethan Horwitz, New … Continue reading