Trademark

12Dec 2019
TM is for Trademarks

It’s not uncommon for our office to receive calls from restaurant owners, complaining that another restaurant in town is infringing its trademark. Frankly, pizza and cheesesteak establishments are just not that creative when it comes to choosing distinctive names.     One well-known dispute you may know about involved the Olivieri family members who sued each […]

05Dec 2019
TM is for Trademarks

You may have heard that the generational battle between “millennials” and “baby boomers” now has a catch phrase: “OK Boomer”. It’s a dismissive phrase by those darn youngsters who are loitering on your lawn and forgetting to pull up their pants. I’m kidding about the loitering and the pants, but the catchphrase is a real […]

21Nov 2019
TM is for Trademarks

The term “fake news” has entered our political lexicon as an epithet directed at journalists and news organizations. Professional journalists, who take great pride in their profession and the role they have historically played in our democracy, are offended by the tone of civil discourse on this issue. Now, one group of journalists, The Florida […]

01Aug 2019
TM is for Trademarks

Earlier this year we wrote about recent trends in trademark filings by China. Between 2013 in 2017 Chinese companies filed more as PTO said than 50,000 trademark applications With the United States Patent and Trademark Office (USPTO). The increase in filings could be explained by growth in the Chinese economy and Chinese government subsidies, paying […]

11Jul 2019
TM is for Trademarks

Nearly two years ago we wrote about the Washington Redskins and its efforts to maintain their registration of REDSKINS, which the Trademark Trial and Appeal Board cancelled because it was disparaging of Native Americans.  The U.S. Supreme Court took up the cause in an unrelated case, Matal v. Tam, and held that section 2(a) of […]

02May 2019
TM is for Trademarks

In our experience, trademark applicants are often confused about the specimen requirements submitted with a trademark application involving goods (as opposed to services).  The specimen is used to prove “use in commerce.” Use in commerce under the Lanham Act is deemed to be when the mark is “placed in any manner on the goods or […]

14Mar 2019
TM is for Trademarks

It is widely known that China has been the source of cyber attacks against public and private entities in the United States. The nature and effectiveness of these attacks are of considerable concern. According to one estimate, cyber theft by the Chinese has cost the U.S. economy more than $300 billion annually taking into account […]

14Feb 2019
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Trademarks may reside in families.  A family of marks is a group of trademarks that have a recognizable common characteristic.  For example, you may recall that Eastman Kodak owned trademarks for KODACOLOR, KODAMATIC, and KODACHROME, the term “Koda” being the common element of all three trademarks.  A family of marks is established when the purchasing […]

13Dec 2018
TM is for Trademarks

Tangible or Intangible?  This is actually an interesting question. If you erect a sign displaying a trademark over a store, isn’t that a tangible representation of a trademark? Of course it is.  On the other hand, if you were to license your trademark for use by another company, you don’t transfer a physical representation of […]