Law Office of Jason H. Rosenblum, PLLC

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Archive for the ‘Intellectual Property’ Category

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 […]

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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 […]

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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 […]

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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 […]

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Life Just Got Harder for Counterfeit Sellers with the Launch of Amazon’s New Counterfeit Crimes Unit **Attorney Advertising**

Last month, I wrote about my run-in with counterfeit sellers on Amazon when searching for a toddler drum set for my son. If you missed that post, one listing I came across showed a beautiful drum kit for under $3.00. At that price, who wouldn’t be tempted […]

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At What Point Should I Apply for a Trademark for My Startup? **Attorney Advertising **

The decision of “when to file a trademark” for a startup company is an important one. Many intellectual property attorneys will tell you “the sooner, the better,” but there are times when that may not be the best approach depending on the unique circumstances of each individual […]

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How Can I Tell if a YouTube Video is Copyrighted? **Attorney Advertising**

Have you come across a YouTube video that you’d like to use and you’re trying to figure out if it’s protected by copyright? Unless the video: Is your own; or, The video specifically says that it’s free to use as part of the public domain; …you can […]

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What Can I Expect When I Meet with a Trademark Attorney for The First Time? **Attorney Advertising**

We are often asked by clients who have never filed for a trademark before what they should expect when they meet with an attorney for the first time. While “initial meetings” are different at every firm, here in our practice, the goal of an Initial Needs Assessment […]

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Franchising and Intellectual Property: What to Know ** Attorney Advertising*

Franchising is a business strategy whereby a franchisor (or founder/developer of the business) licenses his or her procedures, intellectual property, marketing, general know-how, and the rights to sell branded products and services to a franchisee. McDonald’s is a well-known example of a franchise. When a person purchases […]

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Someone Already Trademarked a Word That I Want. Now What?! **Attorney Advertising**

We often hear from frustrated entrepreneurs and business owners who thought they’ve come up with the **perfect** name or phrase to trademark only to find out that someone else beat them to the punch. But does that mean the idea itself is off the table? Like most […]

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