Attorney Jason Rosenblum Explains How to Protect Your Intellectual Property

Intellectual property may be a confusing concept when first trying to understand the importance of its legal protection. This is not necessarily a tangible item or a concrete object. Intellectual property may be an idea, a word, or creative works. Trademarks, patents, and copyright are all forms of protection of intellectual property, but what exactly […]

Infringement of Voss’s Water Bottle Container

Voss Sues over Bottle Trade Dress and Trademark Voss of Norway has commenced an action against High Liquors LLC for trademark and trade dress infringement of its bottles design.  Voss sells artesian drinking water in a cylindrical bottle with straight, vertical sides. Voss has registered the design of its bottles with the US Patent & […]

The Advantages of Filing Your Trademark

If you are considering putting off registering your company trademark, you may want to rethink that decision. Some people feel like they would rather wait, save the upfront cost of registering and take care of that detail once the business is up and running or once they are bringing in more income. This may be […]

Improper Marking of Knives by Emril and Martha

The Chamber of Industry and Commerce Wuppertal-Solingen-Remscheid (“Solingen”) has commenced an action against Martha Stewart, Emeril Lagasse, and others for the false labeling of knives with the SOLIGEN mark in the US District Court in Florida. Solingen is a trade association that holds the rights to the SOLINGEN name.  The SOLINGEN trade name was first used in 1853 and […]

And the Award for Most Pirated TV Shows…

Is piracy flattery or flat out stealing?  Well, I think both depending on perspective..  Networks obviously want high viewer ratings and no doubt enjoy the fact that a show is popular, but they also want (and have certain legal precedents established) to control how and when viewers can watch their productions. According to the list […]

Can scandalous or vulgar terms identify the source of a product or service?

Can scandalous or vulgar terms identify the source of a product or service? According to US laws NO, scandalous and/or vulgar terms are not protectable as a trademark regardless of the fact that the term may identify the source of the goods or service. In the case of In re Fox, the Federal Circuit affirmed […]

Are all alcoholic beverages related? ATELIER vs. ATELIER WINERY

When it comes to protecting your brand, the answer is a resounding YES! Alcoholic beverages are considered related to reduce likelihood of confusion among brands. The Trademark Trial & Appeal Board (“TTAB”) recently ruled in In Re Maestro Tequilero, S.A. De C.V., 77904774, 2012 WL 6137587 [Trademark Tr & App Bd Nov. 29, 2012]  that […]

Conducting Searches on a Trademark Before Filing

When you have created a Trademark and are excited to submit an application to get the ball rolling it can be difficult to slow down and look at everything clearly. However, that is exactly what you should do. One of the most important steps in filing for a Trademark is conducting a comprehensive search on […]