The Trademark Trial and Appeal Board (“TTAB”) takes on another automobile-related trademark case, this time between General Motors and Jim M. Sweeney, who wanted to register CORVOLTTE to identify “electric vehicles, namely, automobiles.” Of course, general General Motors opposed the registration of CORVOLTTE on grounds of priority and likelihood of confusion with its CORVETTE mark. […]
All posts by: Adam Garson
Policing Trademarks is Important but Have We Gone Too Far?
November 30, 2010
Trademark
Policing your trademarks is as important as registering them. Policing requires that you monitor the world of commerce to insure that others are not using your marks — or confusingly similar marks — and, if so, that you take immediate action against the infringers. Big corporations zealously defend their trademark portfolios but have they taken […]
I took my Cobra down to the track,hitched to the back of my Cadillac, Everyone was there just a waiting for me There were plenty of Stingrays and XKEs… (written by Carol Conner)The Rip-Chords – 1964 It’s just a shame that, according to the U.S. Trademark Trial and Appeal Board (“Board”), your 1965 Cobra 427, […]
Keeping it Private in the Work Place
September 30, 2010
Internet Law
Have you ever wondered about the privacy of your web-based e-mail communications, e.g., Hotmail, Yahoo, or Gmail, as you carry out your personal business on your company-owned computer? A March 2010 decision by the Supreme Court of New Jersey sheds some light on the subject. In Stengart vs. Loving Care Agency, Inc., Marina Stengart used […]
The Secret of the Nooks and Crannies
August 27, 2010
Lipton Weinberger & Husick Blog
Traditional methods of intellectual property protection have their limitations, particularly for protecting ideas. Patents only protect new, useful and nonobvious ideas, the details are public, and protection last only for a fixed term of 17 or 20 years years, depending upon the filing date; and trademark and copyright law do not protect ideas at all. […]
In the world of intellectual property, the precise use of language is important, whether preparing a copyright, trademark, or patent application, drafting an assignment or license agreement, or in oral communication. In a short article on the subject, Daniel Kegan, wrote in the newsletter of the Illinois State Bar Association, “Many people, journalists, and judges […]
The United States Supreme Court Sends a Message
June 28, 2010
Internet Law
An employer’s right to monitor employees’ electronic communications in the workplace is fairly well settled, particularly when the employer provides its employees with the equipment and has express policies on computer and Internet usage. In City of Ontario v. Quon, the United States Supreme Court has finally added to the growing body of law on […]
International Piracy Makes the Headlines
May 28, 2010
Copyright
In 2003, then Senator Joe Biden and three other Congressmen formed the Congressional International Anti-Piracy Caucus. In an invitation to Congress, the Caucus wrote that “Our bipartisan Caucus will work to support congressional efforts to deal with the problem of piracy and Administration efforts to obtain strong intellectual property protections in the context of international […]
Eyjafjallajokull — Force Majeure
April 28, 2010
Lipton Weinberger & Husick Blog
The interruption caused by Eyjafjallajokull has been devastating. Putting aside the personal inconvenience and expense suffered by airlines, passengers and the travel and vacation industries, the consequence to other businesses has been far reaching — missed deliveries and shipments, upset production schedules, canceled meetings, delayed or canceled business deals, and more. Believe it or not, […]
Don’t Go Naked When Assigning a Trademark
March 31, 2010
Trademark
So you want to sell your trademark to another business. You can do that because trademarks are considered property and may be bought and sold. But trademarks are also special kinds of property and one must use care when crafting the sale so that it is effective and enforceable by both parties to the transaction. […]