Unsurprisingly, I find myself often being asked to describe what “intellectual property” is. I, all too often, find myself giving a description that is not all that helpful. If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding. One way that I have … 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
Are you thinking about registering a trademark with the United States Patent and Trademark Office (the “USPTO”)? Registering a trademark can be a very smart and effective decision for your business, but it isn’t quite as simple as you might think it is. To register a trademark you need to provide a considerable amount of … Read more
We want you to start your 2021 armed with knowledge! Strong Foundations is a presentation series to help owners of companies build their knowledge of key legal concepts and then use this knowledge to grow their companies on those strong foundations. This first series will discuss intellectual property including trademarks, copyrights, patents, trade secrets and contracts relating to … Read more
With Halloween approaching there are more scary things than usual sending chills down my spine. Some of these things are fun-scary, like playing spooky pranks on friends, covering my eyes for most of a horror flick, or taking witching hour strolls through poorly lit cemeteries. Then there are things like the current economic crisis sending … Read more
If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual … Read more
Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and … Read more
Here we are. We know our company has value and so does the trademark. That means I often look at it through a final set of lenses. Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense: Are we wanting to swat down people trying to pretend … Read more
Now we know that we are eligible for federal registration, and that we can afford it. But is it important? Is this a primary part of our business or not? What is your return on your investment for this product? In our pretend business, SCRUBBIEDUBS is our overall trademark, so that’s likely important. What if … Read more
After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines. So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark: Is this mark protectible? … Read more