At the first meeting with a potential client, they often (somewhat shamefacedly) say, “I’m not really sure if I need a trademark or copyright or something else. I guess that I don’t know the difference.” They say it like of course, they should know the difference. Why wouldn’t they know? I mean everyone but them … Read more
Welcome back to the world of Secured Transactions and IP! A quick refresher from last week (link last week’s post?): lenders engage in “secured transactions” with a borrower who has put up collateral against that loan which has become enforceable. The lender can possess and sell that collateral if the borrower defaults should that lender … Read more
Working for a firm that does a high volume of work with intellectual property allows for deeper dives into IP-related issues. One example involves situations where a lender has loaned money to a person with collateral for that loan being an item of intellectual property, such as an interest in a trademark. Whoa! Can a … Read more
Logos can be an effective tool. Like word marks, logos can be used to help consumers draw a connection between goods/services and the source of those goods/services. With especially prominent logos, that connection can even be drawn without words (think of a particular swoosh for shoes or golden arches for burgers). With that potential in … Read more
We often have clients asking about using weak versus strong marks. This usually comes up because they want to use a descriptive mark and are asking why they shouldn’t. There are legal arguments to be made, but I find the most useful framing is about how the client wants to spend their money. And this … Read more
After last week’s post featured Lola celebrating Thanksgiving in style, it seems only fitting for this post to cover the next phase of the holiday season. That’s right, we’re talking Black Friday and Cyber Monday! Given the commercial success associated with these two days each year, you may wonder whether “Black Friday” or “Cyber Monday” … Read more
As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more
Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason. A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more
I am a self-professed #TrademarkNerd. I think they are interesting beasts. They combine business, law, social science, and, of course, shopping. When a lot of people think about trademarks, they think about what the company owns and does with it. That’s fair. Companies spend a lot of time, money, and effort on their trademarks. But … Read more
As trademark attorneys, we get the absolute luck to work with marketing firms and graphic designers a lot. It is a lot of fun to work with such creative professionals. One thing that I hear from them over and over again is “Branding is so much more than trademarks!” I agree! But since I am … Read more