One of my favorite legal concepts is “genericide” or “genericize.” That is when the public takes a perfectly good trademark and makes it value-less to the trademark owner by turning it into an everyday word. I like the drama of “genericide” because it truly is a brand-killer. Often, it is when the marketing has been … Read more
The use of a live person’s name for a trademark can be a problem. In general, the USPTO is circumspect when it comes to allowing one entity to have sole dominion over a person’s name. They want someone to be able put their own name on their business. That means you can name your … Read more
We have previously discussed descriptive marks and some problems they have. But what if you really, really want one? Can you still protect it? It depends on whether or not it can eventually be recognized by customers as something more than a description of your goods and services. If so, then the mark has gained … Read more
“Work for hire” Three simple words. I know what each means independently, but as a phrase they take on a special meaning in copyright law. That special meaning, however, most do not know. In copyright, the creator of the creative expression of an idea (you know, the thing that is copyrighted) is the default owner. … Read more
The 4-H Youth Development Program is the youth outreach program from the land grant Universities, Cooperative Extension Services, and the US Department of Agriculture. The 4-H Name & Emblem incorporates its focus on Head, Heart, Hands, and Health. Growing up in a rural school, I remember sitting on the gym bleachers through meetings that started … Read more
This was spotted at Donegal Castle in Donegal Town. We couldn’t help but share. It brings a whole new meaning of the questions related to costs of enforcement.
When a company is growing, they begin selling more products and often start exploring options like distribution agreements and licensing agreements. When looking into those agreements, it important that the terms and scope of the agreement are understood by both parties and written down. Terms of the agreement can include scope restrictions such as whether … Read more
Original image from Everkinetic Cybersquatting is generally bad faith registration of another’s trademark in a domain name. Under section 43(d) of the Lanham Act (also known as the Anticybersquatting Consumer Protection Act or ACPA), a person shall be liable to the owner of a trademark if that person has a bad faith intent to … Read more
Federal law prohibits anyone other than the American National Red Cross and “its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States from using the Greek red cross on a white ground or the words ‘Red Cross’ or ‘Geneva Cross.’” The law states that “[w]hoever wears … Read more
The right to create derivative works is one of the exclusive rights of the owner of a copyright. A “derivative work,” according to 17 U.S.C. §101, “is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any … Read more