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
I have been asked the question, “Is getting a trademark worth the money?” a lot lately. Companies are trying to protect their assets and their budget. They want to spend their money wisely so they rightly ask if this is a good use of it. Now, I always laugh a little and remind them that … Read more
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
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
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
We have written in the past about the control that a copyright owner has over the subject of his or her copyright. However, it seems some people aren’t paying attention to the message that they can’t simply use (and especially charge money for) other people’s works without permission. In this case linked to above, there … Read more
Last night, I had the great honor of talking with a Girl Scout troop about intellectual property so they could earn their intellectual property patch. After all, the founder of Girl Scouts, Juliette Gordon Low was a patent holder (make her trash can liner). We had to cover what patents, copyrights, trade marks and trade … Read more
Speaking at the Deutsche Bank Global Consumer Conference, Unilever’s CEO Alan Jope said: “We believe the evidence is clear and compelling that brands with purpose grow. In fact, we believe this so strongly that we are prepared to commit that in the future, every Unilever brand will be a brand with purpose.” That seems to … Read more
Lots of events have sponsors. Sometimes to be a sponsor, a company or individual pays a fee or provides in kind services. In return, the event or organization tells their audience who is supporting them in the endeavor. Sometimes, it is hard to tell when an entity is being supported by another. This always becomes … Read more
According to statue, someone could not register a trademark if it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection … Read more