Can You Register a Two-Word Trademark When One of Those Words is Already Trademarked for a Similar Product or Service ? **Attorney Advertising**
This is a great, but loaded, question that I thought best explained as fully as possible in a post. As a trademark lawyer, I am often asked about scenarios such as this, where one entity wishes to trademark a name but is somewhat uncertain about whether or not they are able to do so when […]
What Every Real Estate Agent Should Know to Avoid Copyright Infringement **Attorney Advertising**
Copyright infringements can be notoriously expensive, and they can damage the reputation of your business. In this post, we discuss copyright infringement issues in the real estate industry and include practical examples to help you know exactly what steps to take to help avoid such action against your business. What copyright infringement issues should a […]
Trademark Myths: Part 1 ** Attorney Advertising**
There’s a lot of misinformation floating around the business world about trademarks. Smart entrepreneurs are waking up to the fact that this area of law is critical to successful branding, which is the foundation of sales, revenue, and ultimate business success. It doesn’t matter if you are selling widgets, houses, luxury cars, guitars, or brooms–your […]
What’s in a Name? **Attorney Advertising**
Naming is one of the most important pieces of launching a new business, brand, or product – yet most people don’t know how to weigh the different factors involved in the decision. Making the wrong choice can cost you dearly. I have encountered many clients who have had to change their business names, after spending […]
What to Know When Changing the Design of a Registered Trademark **Attorney Advertising**
There are lots of reasons why organizations decide to change their company’s trademark or logo design. As a business matures, the company could decide it wants to rebrand or change direction to attract a different type of customer. Whatever the driving force behind this decision, as a Trademark Lawyer, I’m here to help you understand […]
Negotiations: Using Interest-Based Processes **Attorney Advertising**
Lots of folks, including many lawyers, dread confrontation and negotiation. Others relish arguing and debating opposing points. In redefining “negotiation” in my own mind and approaching each of these situations as an opportunity to “problem-solve” I’ve found it makes a huge difference in the attitude of all parties involved. If you do an internet search […]
Advantages Foreign Trademark Holders Have When Filing for Protection in The United States ** Attorney Advertising**
Foreign companies that already have a registered trademark in another country and wish to apply for their mark in the United States may have a small advantage when filling out their application with the United States Patent and Trademark Office (USPTO). Here in the United States, trademarks are based on use, and you must show […]
Does my “DBA” Name Provide Trademark Rights? **Attorney Advertising **
DBA stands for “Doing Business As.” It’s also known as a Fictitious Name or an Assumed Name. A DBA allows you to do business under a name that may be different than your legal business name. To obtain a DBA, business owners can start by searching their state’s database to see if anyone else is […]
Copyrights, Cover Artists, and Campaigns- Who Has the Final Say? **Attorney Advertising **
If a band covers another artist’s song and a third-party then obtains a license to use the cover version, does the original copyright holder still have a say in how the cover version is used commercially? This tricky copyright question played out publicly last month when the Trump Campaign used a cover of a Linkin […]
My Competitor Hasn’t Registered Their Trademark Yet… Should I Beat Them to It? **Attorney Advertising **
If you’ve noticed that a competitor is using the same or a similar mark to the one you use or are planning to use and that they have not formally registered the trademark, and you’re wondering if it would be a good idea to beat them to the punch, in short, no. Trying to scoop […]
