I like trademark law because it often just makes sense. For example, let’s talk about the requirement that a mark must be in use in order to obtain protection. For a trademark to be registered in the United States, it has to actually be used in a way that a customer sees the mark when … Read more
If you’re a small business owner, you’ve likely heard about the proposed rule by the Federal Trade Commission (FTC) to ban non-compete clauses. You might be wondering what this means for your business and what you should do if the rule becomes law. Let’s break it down.
My last blog post ended with a cliffhanger: but what about Jack Daniel’s and dog toys? For those of you on the edge of your seats, thanks for waiting. There are others probably thinking, “What is this guy’s deal? First, it was shoes and socks, and now it’s whiskey and dog toys?” For those readers, … Read more
This blog post builds on my previous post. This time I will be covering fair use for trademarks instead of copyright. Much like copyright, there are exceptions and limits to what protection owning a trademark can provide you, including what is and is not infringement. Fair use in the trademark space breaks down into two … Read more
I get many different types of questions from my clients regarding various trademark matters. Some scenarios involve trademarks that have been in their portfolio for a while and are no longer in use, while other trademarks are brand new and ready for their moment in the spotlight. Sometimes clients wonder what to do with a … Read more
For our readers that have gone through the process of developing a trademark, you are aware of how hard it can be to come up with a word or a series of words that best identify your brand and embody the goods or services you offer. Let’s now stretch that mental picture a little further: … Read more
Today’s post revisits something discussed several years ago on this blog: fair use. If you are looking for background or further reading, check out Erin’s posts here, here, and here, as well as Collin’s post here. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a … Read more
As a business owner, you are no doubt very busy: you are building your brand, perhaps considering applying for applicable trademarks, contracting with clients and vendors, or even considering selling or buying a business. Some of the small details associated with these events can seem trivial and unnecessary. When clients approach business lawyers with these … Read more
If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. This process, sometimes also referred to as a “knockout search”, helps trademark applicants get a sense of the field before they apply. Here at OG+S, we … Read more
Christmas and all of its “Christmas magic” is so ingrained in American culture, it can tempting to assume that the holiday is immune from IP considerations. For those who have been reading our blog for a while, you know that this is not the case (shameless plug for my post from last year on a … Read more