Tag Archives: trademark

Understandably, the solo inventor wants to focus on her invention.  Does it work as designed?  Who shall I hire to create a prototype? Where shall it be manufactured?  How and when shall it be protected by patent? Can I afford it? These are important concerns but they should not be the only ones. Assuming that […]

Dear Doc:   When I joined MegaCorp, I was “asked” (well, told, actually) to sign a nondisclosure agreement that limits what I can do with any trade secrets I may learn while doing my job. That agreement says that I can’t tell a single, solitary soul, and that if I do, MegaCorp will, I guess, […]

In late 2013 we wrote about a trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar. Hershey opposed the mark on grounds that it was merely descriptive, de jure functional, generic, and failed to function as a trademark. The cross-section of […]

Dear Doc: Everywhere I look today, I see advertisements about what to eat during “THE BIG GAME”. What’s up with that? Signed, Super Confused Dear Sportsfan: According to the National Football League, “Super Bowl®” is their registered trademark for television broadcasting services; television transmission services; distribution of television programming to cable and satellite television systems; […]

Ask Dr. Copyright … Dear Doc: I watched the Big Game (a/k/a SuperBowl®) and though I enjoyed the game (I would report the score, but that might make the NFL angry, since they told us that unauthorized use is strictly prohibited) I really enjoyed the halftime show. My favorite part was the dancing sharks behind […]

The United States trademark system is a “use” based system.  Using your trademark bestows upon you the benefits of trademark ownership so long as you are the first to identify your particular goods and services in the geographical region in which you do business.  Use is paramount and can even trump another user’s valid federal […]

In our Internet-enabled world, businesses that do not operate their own web site are the exception, not the rule.  Web site owners constantly strive to create dynamic, interesting content.  Sometimes, the courts rule they have gone too far even when the legal ice is very thin.  Slate, the online daily, recently reported the following.  A […]