Out of all the names Defendants could have used for the tax business portrayed in Episode 2, they decided not to be original at all, but instead ripped off the famous Liberty Tax trademark, which had been used for over 25 years, and mimic an actual Liberty Tax location just by adding the word “Sweet” […]
*Originally posted on December 17, 2020 In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright. Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should […]
*Originally posted on April 14, 2022 The rapid but uneven legalization of cannabis-related products in the U.S. and the resulting jurisdictional patchwork where cannabis use may be legal in one state but not another, or on the state but not the federal level, has created confusion for trademark applicants. Some applicants, frustrated by the USPTO’s […]
Trademark applicants should exercise care when drafting descriptions of goods and services, particularly when marketing highly regulated goods.
Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]
*Originally posted on January 13, 2022 Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO, To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to […]
Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]
In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]
VIP Products, LLC markets a line of cute, humorous squeaky dog toys, consisting of vinyl replicas of liquor, beer, wine, and soda brands labeled with humorous names, usually related to dog poop. So, we have toys labeled “Smella R-Crotches”, Heini Sniff’n, Pissness, and Mountain Drool, associated with likenesses of Stella Artois beer, Heineken’s, Guinness, and Mountain […]
The sound of popping beer cans on a hot summer day may evoke memories: quenching a thirst on a hot day, backyard barbecues, days at the beach, or sunny afternoons at the ballgame. Beer can sounds are not going away. The beer can market is going gangbusters. According to one industry source, in 2020, approximately 90.2 […]