Consumer Surveys in Trademark Cases
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.
Category: Attorneys
Green Light on Apple Class Action Suits
On May 13th, the U.S. Supreme Court, agreed that consumers could participate in Apple Class Action lawsuits based on claims that Apple monopolized the after-market in its sales of iPhone Apps. Apple apparently charges App developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who Read more about Green Light on Apple Class Action Suits[…]
Who wins, Batman or Copyright?
One of my favorite quotes goes something like this, “always be yourself, unless you can be Batman, then be Batman.” Well, when it comes to copyrighting weeds, I would rather be Batman. Copyright Lawsuit In a recent Copyright Case, an artist sued the Batman actor, Val Kilmer, for stealing his golden weeds. Specifically, tumbleweeds. The Read more about Who wins, Batman or Copyright?[…]
101 Series – How to Prepare a Copyright Application
Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required. While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages. Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]
Potato Dispute over Plant Patent in India
Plant Patent Protection Pepsi has sued four farmers in India for growing potatoes which are protected in India under the Protection of Plant Variety and Farmers Right Act (PPV). The PPV was enacted in 2001 and was supposed to be pro farmer. Under the PPV, registration of a plant variety provides exclusivity to produce, sell, Read more about Potato Dispute over Plant Patent in India[…]
101 Series – Trademark Licensing and Franchising
As part of running a business, business owners occasionally need to license their trademarks. Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark. However, if done wrongly, a trademark license can accidentally create a franchise. In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]
Caution – Cease and Desist Letter
As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark. What do you do if you find someone is violating your patent rights, for example? Do you file a lawsuit immediately? Do you contact the police? Do you contact Read more about Caution – Cease and Desist Letter[…]
Registering a Trademark used in Commerce
Registering a Trademark Trademarks are protected under state, federal and common law based on proof of actual use of the particular word, phrase, style, design, color, smell or sound. Registration provides several important benefits, including the ability to obtain monetary damages and certain presumptions after a period of time on the principal registry. Federal registration Read more about Registering a Trademark used in Commerce[…]
How to Patent an Idea (4 steps)
How to Patent an Idea Making money off of your million dollar idea, can be rewarding, but it is not easy. Often times, to become successful, an inventor must build a business around their new product idea, or they must sell their idea to another company. Making millions of dollars off your first idea takes Read more about How to Patent an Idea (4 steps)[…]
101 Series – How to Get a Patent in 5 Easy Steps
How to Get a Patent In the United States, a patent is issued by the United States Patent Office. To get a patent, they will need to register your patent and to register your patent, you will need to file an application. However, before we get too far ahead of ourselves, we need to take a Read more about 101 Series – How to Get a Patent in 5 Easy Steps[…]