Trademark Licensing
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is there a way you can use the mark without getting yourself into trouble? The answer is yes! You need a...
View ArticleProtect Your Trademark from Infringement on Social Media Sites
In today’s web 2.0 world, it is even harder for companies to protect their trademarks. With more and more people interacting on these social media sites, we see more cases of trademark infringement....
View ArticleFive Classic Examples of Trademark
“A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or...
View ArticleWe Both Have the Same Business Name. Am I in Trouble?
You started your company four years ago and everything is going well when all of a sudden you are handed a cease and desist letter. The letter informs you that you are using another company’s...
View ArticleGet Off My Turf!
The franchise relationship between franchisor and franchisee is meant to be harmonious. The franchisor gains market growth and licensing royalties, whereas the franchisee gets usage of franchisor...
View ArticleCan Someone Trademark Your Catchphrase After It Is Cancelled?
Do you remember the ridiculously cheesy LifeCall commercial that first aired in 1989? Perhaps you may be able to recall it better with this famous catchphrase, “Help! I’ve fallen and I can’t get up.”...
View ArticleYou Never Forget Your First Time …
By: Bill Harding Relax. It’s not that kind of post. Today I am christening a new TacticalIP blog category: Intellectual Asset Management (IAM). To introduce some terminology used in the field, I...
View ArticleCan You Use a Brand Product In Movie Without Permission?
Do movie makers need to obtain permission to use all brand products in their movies? The answer is no, but it is recommended. The rule is a product can be used within a movie without permission as...
View ArticleCopyright Infringement, Counterfeit Trademarks – Endangering Our Children?
No longer are only items such as fake Louis Vuitton handbags and Rolex watches being imported from China on the radar of law enforcement. The Department of Justice recently issued a press release of a...
View ArticleDoes Praying Infringe on Tebow Trademark?
Tim Tebow, a devout Christian last October successfully trademarked his one knee, head on fisted hand pose. Does anyone else find this disturbing and slightly offensive? Call me Catholic (oh wait I...
View ArticleHonestly – The Honest Company or The Honest Toddler
For those of you with small children and those who are expecting, you may still be in awe of the vast amount of baby products out there. Not only are there more things available for your child then...
View ArticleSnowden – The Newest Name in Electric Cars?
Edward Snowden; you can hardly turn on the news or check out a newspaper without seeing his face plastered across some headline. His has become a household name, not just in the United States but...
View ArticleObamacare and The U.S. Patent and Trademark Office
With all the hoopla going on with the federal government these past couple of weeks and with it being more than likely to continue for at least a couple more, there is one word that it is impossible to...
View ArticleTrouble for Washington Redskins Trademark
If there is one reason to file for trademark protection, a reason that probably plays at least some roll in all trademark patent applications, it is in one short word, money. If there is one industry...
View ArticleThe NFL and Trademarks
By: Mark Malek I have been receiving a multitude of questions lately about use of NFL logos. I do give these folks a lot of credit for asking an attorney before moving forward with their ideas of...
View ArticlePatents, Trademarks, and Copyrights – What’s the Difference?
Many people tend to confuse the types of intellectual property protections that are available to them. In short, a patent protects the function of an invention, a trademark protections a name and/or...
View ArticleIs it Scramble or Scrabble?
Smartphone word games popularity has exploded but is it because of their similarity to already existing word board games? The Mattel toymaker would argue this is indeed the case. They filed a lawsuit...
View ArticleDuckhorn Vs. Duck Commander
Duckhorn Vineyards is suing Trinchero Family Estates over trademark infringement of their wine brand. Trinchero Family Estates recently paired up with A&E’s reality television family, Duck Dynasty,...
View ArticleStarbucks vs. Exit 6 Brewery
On December 9th, 2013, Exit 6 brewery outside of St. Louis, Missouri received a cease and desist letter from one of America’s largest national chains for coffee, Starbucks. The Starbucks’ legal team...
View ArticleThe Fight Over Use of “Crystal Glamour” is Decided
Austrian crystal jewelry maker, Swarovski has decided to not renew its trademark “Crystal Glamour”. In 2005, Swarovski received the registration for the term and filed the trademark as a “proposed to...
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