Portions of Lanham Act Unconstitutional
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Category: Trademark News
Intellectual Property Updates
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
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[…]
Superb Owl or Super Bowl Trademarks
Super Bowl Trademarks We were thankful to Kansas City Chiefs for making this year an exceptionally exciting football season as they made it to the AFC Championship Game this year. Now its time to turn our attention to the most watched football game of the year, the Super Bowl. As we get our party hats, Read more about Superb Owl or Super Bowl Trademarks[…]
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[…]
Intellectual Property: the Types, the Benefits, and How We Can Help
In the modern world, intellectual property protection is becoming ever more important. We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple. Most often, these articles jump right into the details that grab our attention and fail to explain what intellectual property is and how something Read more about Intellectual Property: the Types, the Benefits, and How We Can Help[…]
Samsung guilty of willful Patent Infringement, owes a billion to Apple
As news about the recent verdict in Apple’s patent infringement suit against Samsung makes the rounds on the internet, we thought it would helpful to provide a little insight. However, for those who are interested the amended verdict is available here. The verdict, is simply a copy of the form which was based upon the Read more about Samsung guilty of willful Patent Infringement, owes a billion to Apple[…]
Apple sues Amazon for trademark infringement
In a complaint filed in Federal District Court on March 18, 2011, Apple has sued Amazon for trademark infringement and unfair competition. Apple is requesting an order from the Court to prevent Amazon from using the “App Store” trademark in connection with the sale/advertising of software and for unspecified damages. At the same time, Microsoft Read more about Apple sues Amazon for trademark infringement[…]