You may remember the CD-ROM, that vestige of a technological age mostly past by now. This was software as a good, a tangible item for sale usable in several ways. Of course, as with time, so goes with new technology: change is inevitable. Nowadays, we download, stream, and access software without even so much as … Read more
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
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
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
We are a “first to use” jurisdiction for trademarks in the United States. That means, if you are the first to use a trademark in multi-state commerce you have “priority” over those who use the same trademark after you, and are the rightful owner of the mark. However, we also have a trademark filing system … 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
Big announcement! The United States Patent and Trademark Office (“USPTO“) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you?: If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers. However, if … Read more
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