Patent Pending: How Much Protection? **Attorney Advertising **
You’ve created something brilliant, and now you’re in the long process of getting a patent. It may be years before the U.S. Patent and Trademark Office (USPTO) grants your patent, so what do you do? The good news is that you can still market your patent pending item with protection under patent law. Why are […]
Is Satire or Mimicking a Trademark Protected under Fair Use? **Attorney Advertising**
Freedom of expression means that the government doesn’t interfere with an individual’s right to express their thoughts or feelings, so long as the expression doesn’t invoke or cause any immediate harm or danger. You can’t yell “fire” in a crowded theater, but you can create an entire three-act opera making fun of a public figure […]
Fair Use of Trademarks **Attorney Advertising**
A trademark is a word or symbol that distinguishes one business, product, or service from all other similar businesses, products, and services. Misuse of another’s trademark is a legal violation. However, there are instances when another party can use someone else’s trademark without getting in trouble if it’s considered “fair use.” What’s fair use? Fair […]
What’s a Provisional Application for Patent? **Attorney Advertising**
Patent infringement is a costly problem for inventors and businesses, and by the time the problem is discovered, it can be very costly to litigate and solve for all parties involved. However, there is a way to ensure that inventors can stake their claim as the first person to create an invention. A provisional patent […]
What You Can Do to Avoid Trademark Dilution **Attorney Advertising**
A strong trademark is likely to keep your product from being confused with another, but it can still cause harm to your brand if someone else uses your trademark to sell something unrelated to your product or service. You may be on the lookout for others who may be infringing on your trademark but, it […]
It’s More than just the Words, Colors Matter in Trademarks, Too **Attorney Advertising**
There’s more to a trademark than just a name. What do Tiffany blue, Motorola magenta, Owens Corning pink, Cadbury purple, UPS brown, and Barbie pink have in common? All these colors are trademarked. When colors are specifically associated with a certain company, in a certain industry, offering a certain product they can be registered part […]
Do I Need to Pay Attention to this Business Notice, or is it a Scam? **Attorney Advertising **
Whenever I register a trademark or help a client incorporate their business, I warn that solicitations will start coming to the business owner fast and furious via mail and email. This is because once you file, your info is publicly available and other businesses will begin to collect your data and market to you. Some […]
Trademarking Your Name: Why, When, and How **Attorney Advertising**
It comes as no surprise that celebrities and public figures often trademark their names. After all, their names make them money. Celebrities and public figures have to maintain tight control of their brand (i.e. themselves and their images) from being misused, confused, misrepresented, or diluted. However, name trademarking is not just for big-name celebrities or […]
Are You Protecting the Hidden Trade Secrets in Your Business? ** Attorney Advertising**
When you hear the words “trade secrets,” what comes to mind? Many people think of super famous examples, such as the long-coveted recipes for Coca-Cola or KFC’s chicken. These top-secret formulas have managed to remain closely-guarded for decades and have allowed Coke and KFC to retain a unique edge over their competition. The mystery and […]
Help! I’m Being Accused of Patent Infringement! ** Attorney Advertising **
It’s never a good day when an inventor, engineer, or business owner is accused of infringing on someone’s patent. Perhaps you did something wrong. Maybe your actions were unintentional, or maybe the infringement claim itself is bogus. Let’s dig into some of the common reasons why you may be accused of patent infringement and what […]
