Trade Dress Protection

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[…]

Buying or Selling Counterfeit Merchandise

Counterfeit Merchandise The sale of counterfeit goods is skyrocketing in the U.S. and around the world.  Every day someone sells a knock-off product on eBay losing billions of dollars in potential sales from legitimate brand owners and also eroding their intellectual property rights.  Globally, the economic impact of counterfeiting and piracy are projected to reach Read more about Buying or Selling Counterfeit Merchandise[…]

101 Series – Service Mark

What is a Service Mark? A service mark (or servicemark) is just like a trademark but it is used in connection with services.  A trademark is typically used in connection with goods.  A mark is the general term for both a service and a trademark.  Generally, service marks relates to companies who provide services instead of Read more about 101 Series – Service Mark[…]

Online Trademark Search

Before Applying for a trademark, you should conduct an online trademark search. Because trademarks are awarded to the first user of a mark, a trademark search may reveal if there are any other trademarks which have been registered or if any trademark applications have been filed which are the same or similar to your mark. Read more about Online Trademark Search[…]

SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection

Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]