Donkey Kong and King Kong Are Not the Same Ape.

If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual … Read more

Putting It All Into Focus

Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend … Read more

Know Your Numbers

After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines.  So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark:  Is this mark protectible?  … Read more

The Anatomy of a Non-Disclosure Agreement

Last week we posted a video about Non-Disclosure Agreements (NDA/s) and how a common mistake in their drafting could put your Company’s trade secrets at risk. Now, we’re following up with this blog post to point out the key provisions to keep an eye out for. Remember: Trade Secrets are protected by statute and can … Read more

What is a Trademark Disclaimer, Anyway?

Taking a slight break from the current news and topics this week to talk about our favorite topic at OG+S: trademarks. A Little Background: Not every word or phrase in the universe can be trademarked. Specifically, words that are generic or descriptive (without something more) cannot be protected. It sounds complicated, but most of the … Read more

First to File? First to Use? It’s Not the Same Everywhere! Thoughts on Trademark Strategy for Global Companies:

Trademarks are our jam at OG+S. This post is a short one about trademark strategy and what to think about if your brand has a global reach. First to Use: In the United States, we have a “first to use” system when it comes to trademarks. What that means is that the Company who uses … Read more

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