Trademark Protection – Cease and Desist

In America, a lot of successful companies like Apple, Disney, Google and Microsoft invest time and money into trademark protection.  However, trademark protection is not limited to large companies, many smaller companies including sports teams and universities also invest in trademark protection.  In some cases, they have whole departments in charge of brand management where Read more about Trademark Protection – Cease and Desist[…]

Fanciful Trademark

Many people wonder about a Fanciful Trademark?  Why should anyone want a fanciful trademark? Generally, trademarks help consumers distinguish one product or service from another by acting as a source identifier.  It helps consumers wanting to purchase Quaker Oats branded oatmeal purchase Quaker Oats and not some “knock-off.” Trademark protection offers greater protection for stronger Read more about Fanciful Trademark[…]

Trademark Actions – Reverse Passing Off

Trademark law protects your business against confusion, which can be created by Forward Confusion, Reverse Confusion, Passing Off and Reverse Passing Off.  If this occurs, a trademark infringement lawsuit may be necessary to protect your business. Trademark Rights Trademark law functions as a type of unfair competition law and protects businesses against competitors stealing customers or Read more about Trademark Actions – Reverse Passing Off[…]

In the name of Santa Claus

It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving.  With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa.  I don’t mean the spiritual visitor, but the name and image Santa Claus which we see Read more about In the name of Santa Claus[…]

Trade Dress Protections

Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the same function as a trademark or service mark — the identification of goods and services Read more about Trade Dress Protections[…]