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 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 […]
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 […]
Seller Beware: Selling Counterfeit Goods is Trademark Infringement (and a Crime) **Attorney Advertising **
What do bazaars, the internet, and small shops in every major city have in common? They all sell counterfeit items including merchandise, pharmaceuticals, and other goods. And they are all subject to legal prosecution. Big outlets aren’t immune to this, either. According to The Counterfeit Report: Walmart has association with counterfeit goods; both Walmart, and […]
Someone Else is Using the Same Trademark, but They Haven’t Registered It. Can You Still Use It? **Attorney Advertising **
A trademark is a symbol, phrase, or word that is used to identify a product or service for sale. Most of the things you buy or pay money for have a trademark. You use those trademarks to identify those products. Registering a trademark with the United States Patent and Trademark Office (USPTO) will allow you […]
Is Your Trademark Distinctive Enough? **Attorney Advertising **
A trademark may be meaningful. It may be unique, or at least unique to you. It may have a backstory. It may be readily recognizable to your customers. However, if you haven’t registered it yet, you may not know whether it’s distinctive enough to be registered. There are ways to tell whether your trademark is […]
™ or ®: What’s the Difference? ** Attorney Advertising **
Trademarks are distinctive names or symbols of companies, products, or services that distinguish one company’s goods or services from that of their competitors. Registration of a mark helps to deter others from using the same name or symbol to market their own products. There are multiple symbols used to convey the status of one’s trademark […]
So Much Beer! So Few Names. | New York and Charleston Trademark Lawyer
The craft beer industry is booming! It seems as though new microbreweries are popping up every day. Going into a store for beer requires its own definition of terms and an hour or more of contemplation and browsing time. With this growth comes a high demand for unique brewery and beer names – and an […]
The Entrepreneur’s Litmus Test for Intellectual Property | Brooklyn and Charleston Trademark Attorney
Entrepreneurs have a keen understanding that time and money are important assets for their company. However, a lot of entrepreneurs don’t include their intellectual property in that list. In fact, many small business owners don’t even consider whether or not they have intellectual property. This leaves a lot of valuable creative work at risk. Intellectual […]