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
Here with another post to demystify contracts, today we discuss counterparts. In a common provision, we see something like: Counterparts. This Agreement may be executed in counterparts, all of which taken together shall constitute the same agreement. In first grade, we learned to figure out new words using context. Great. Context here is that uh, … Read more
nnnon After a summer of crutching around, I am so glad to be rid of the crick-creak of that particular fashion accessory. Through it all, I have learned how to carry everything in a cross-body shoulder bag, to ask for help, and maybe, just a little bit of patience. But most of all, I have learned … 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
Every once in awhile, you get the opportunity to see someone really show that they know their industry and care about their clients. A few weeks ago Mike Johnson of Cottingham & Butler showcased both of them to me. He was talking about how companies are coping with the changes in health care opportunities (Not just … Read more
We took a Hophead Tour earlier this month, and our tour guide (and Hophead Tour owner) Justin Schmitz told an interesting story about Hess Cooperage. I asked him to provide a little bit of that story of one of the early Madison entrepreneur success stories. You have probably been to or heard of the Cooper’s … 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
At the beginning of many contracts is a series of clauses beginning with “Whereas.” Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose. They are called the “Recitals,” and they are used to provide context to the agreement. The first paragraph tells the name of the agreement, … Read more
IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of … Read more
