Look Before You Leap

Intellectual property tends to be a land of first come-first serve.  Patents are only awarded to inventions that are new and non-obvious, which means your invention isn’t the logical next step based on what is already out in the world.  Trademark protection looks at what marks potential customers have come into contact with in connection … Read more

Definitely Not Granny Approved

Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a),  is an absolute bar to federal trademark registration of immoral or scandalous matter.  The ban on scandalous and immoral trademark registrations is not new.  It first came into federal law in the Trade-Mark Act of 1905 and reaffirmed as part of §2(a) of the Act of 1946. … Read more

Shield your Goodwill with Strong Trademarks

Just like Steve Rogers through his transition to Captain America, trademarks vary in strength.  Some are burly superheroes, and some are weaklings hiding behind their bigger friends for protection.  What makes a mark strong versus weak?  The level of which your mark describes the good or service that you are selling.  There is a spectrum … Read more

Mark Madness

We now know the brackets for the NCAA tournament.  How people choose their winners can be everything from favorite colors to hours of study.  But two things are always certain during the tournament:  Upset wins and a crackdown on businesses using “March Madness” without permission. Starting right around now, many companies are looking to cash in on … Read more

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