Say it’s a warm day and you’ve popped into the local tiki-themed cocktail lounge for a refreshing beverage. Is it possible that the tiny umbrella-embellished cocktail you’ve just been served is an infringement of someone else’s intellectual property rights? Take the case of Pusser’s Rum Ltd., a rum distiller located in the British Virgin Islands. […]
All posts by: Deborah Logan
A Gourmet’s Guide to IP Rights
September 30, 2010
Trademark
Have you ever wondered why it is so difficult to find a bottle of champagne in the domestic section of your local wine and spirits store? This is because the sparkling wine called “Champagne” is not a domestic product; it is produced exclusively within the Champagne region of France. Through international treaty, most countries limit […]
The End of an Internet Monopoly?
August 27, 2010
Internet Law
Not many know that only one company located within the United States controls the registries of all .com and .net domain names in the world. That company is VeriSign, Inc., a Delaware corporation located in Silicon Valley. VeriSign, through its contractual relationship with Internet Corporation of Assigned Names and Numbers (ICANN), has been the sole […]
One of the illusory advantages of conducting business offshore (in a location outside of the United States) is to protect the business from the reach of the U.S. judicial and alternative dispute resolution systems. Contrary to belief, if you operate an offshore website that attracts U.S. visitors through, for example, online sales of products or […]
Though unusual, United States trademark law does permit registration of scents, colors and sounds. Scents are protectable as trademarks only if they are used in a “non-functional” manner. For example, a perfume scent is considered functional and would not be registrable since perfume is sold mainly for its fragrance. Scent marks are rare and were […]
Expanding cyberspace beyond “.com”…
April 28, 2010
Internet Law
The Internet Corporation for Assigned Names and Numbers (“ICANN”) has proposed a program to introduce new top level domains (“TLDs”), which it states “will bring about the biggest change in the Internet since its inception nearly 40 years ago.” Presently, there are approximately 21 functioning TLDs and 250 country code extensions. In June 2008, the […]
Trademark Rights: Changes in the Law
March 31, 2010
Internet Law, Trademark
Trademark Rights: Changes in the Law Cease & Desist Receiving a cease and desist (“C&D”) letter demanding that you immediately cease using a trademark or face potential litigation may be bewildering (even frightening). C&D letters typically request the recipient to transfer a domain name and stop infringing another’s trademark. Because it may be the “first […]
We have all purchased a product or device stamped with a patent marking such as “U.S. Patent No. _____”. Indeed, the patent statute at 35 U.S.C. § 287 requires patented articles to be properly marked. Patent markings have three main purposes: (1) to avoid innocent infringement, (2) to encourage a patentee to give notice to […]
When Your Trademark has been Registered as a Domain Name
December 22, 2009
Trademark
You’ve expended time, money, blood, sweat and tears branding your products and services. You are finally ready to take the next logical step, setting up a web site to establish your presence on the Internet. You set about to register your trademark as a domain name and you find that a trademark pirate has beaten […]