Trademarking Domain Names In a win for a business owner, the Supreme Court recently held that a company’s website which used a .com ending was protectable as a trademark, reversing the decision of the trademark office. Booking.com had attempted to register its domain, Booking.com and the USPTO rejected the application claiming it was generic. The Read more about Trademark Office looses Challenge, Website Owner Gets Trademark[…]
Nike just settled its two-week old trademark battle against “Satan Shoes” seller MSCHF Product Studio Inc. MSCHF is a Brooklyn-based collective of artists and designers which creates artwork in novel and unique ways. For example, one of their projects included selling a virus infected laptop for $1.35 million, selling a dog collar which cursed when Read more about Satan Lost his Shoes in the Latest Trademark Battle[…]
Strong Trademarks Creating a strong brand is an integral aspect of forming a new business. Businesses using historical trademarks help create a strong brand. A historical trademark is a brand which includes a historical term. Generally, the historical term in a historical trademark has some historical significance. A brand name which includes a famous person’s Read more about Historical Trademarks are Good for Strong Branding[…]
Here are 5 steps to Building a Strong Brand:
Research Your Brand
Analyze Your Brand
Analyze Your Customers
Market and Advertise Your Brand
Refine Your Brand
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.
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[…]
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 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[…]
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[…]