If I Comply with a Cease and Desist, Do I Still Have to Pay? **Attorney Advertising**
It’s never fun to be on the receiving end of a cease-and-desist letter, as you’re essentially being accused of using someone’s intellectual property without permission. If you receive such a letter, it’s important to pay close attention to what’s being alleged. In most cases, a cease-and-desist letter will include evidence of the sender’s registration and […]
Young Entrepreneurs and the COVID-19 Pandemic **Attorney Advertising**
Over the course of the COVID-19 pandemic, I have been inspired by the sheer number of young entrepreneurs who have started new businesses and are working creatively to solve many of the problems that we are facing here in the United States and across the globe. It is astonishing how quickly young entrepreneurs responded by […]
“Booking.com” is now a Trademark: Why Does it Matter? **Attorney Advertising**
In the first-ever United States Supreme Court case to take place over the phone, necessitated by the Covid-19 pandemic, Booking.com was found to be a trademarkable name, despite containing a generic term. In an 8-1 ruling1, the Court decided the combination of the generic term Booking with a .com extension transforms the generic term into […]
A Quick Guide to Adopting Dead Trademarks **Attorney Advertising**
Finding the perfect name or logo to represent your brand can be daunting. Not only do you need to think of something memorable, but you also need to make sure it’s not already in use or too similar to an existing trademark. You are likely aware of the fact that you cannot register a trademark […]
Avoid These Common Trademark Mistakes **Attorney Advertising**
Brands often rely on a memorable name, quality reputation, and a catchy slogan to succeed. Although this might seem straightforward, it’s surprisingly easy to make an error or omission regarding your trademark that could allow others to infringe on the brand you are working to build, or worse, could cause you to lose your trademark […]
Basics of Performing a Patent Search: What to Know. ** Attorney Advertising**
If you have an invention and you are weighing your options for patent protection, one of the very first steps to take before you file is to conduct a prior art search. Prior art includes not only patents or patent applications, but anything that is publicly known (products available, articles, blogs, research papers, etc.). The […]
Two Points to Consider When Choosing a Trademark **Attorney Advertising**
A trademark is a word, phrase, slogan, symbol, design, or combination thereof that identifies the source of a good or service and distinguishes them from other businesses or brand in the marketplace. Basically, a trademark tells consumers that your goods and services come from you and not someone else. While you can use your imagination […]
Using Distinctive Packaging? Consider Trademark Protection. **Attorney Advertising**
Is the packaging of your product so distinctive that consumers can instantly recognize you of the source of the item? If so, read on to learn how you may be able to secure a trademark for your product packaging. Trademarks help point consumers to the source of a good or service. In most cases, trademarks consist of words, logos, phrases, […]
Contracts: Top Ten Things to Consider **Attorney Advertising**
Contracts. Boring and complicated right? Many times, yes. But, if you consider that a contract is a preemptive solution to avoiding problems between two parties ultimately hoping together to succeed in accomplishing a mutual goal, then they can be pretty interesting and straight-forward. Always keep in mind that a contract is simply the statement of […]
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 […]
