Trademark

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
The-Top-Computer-Companies-In

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 […]

09Aug 2018
The-Top-Computer-Companies-In

In 2013, we wrote about the branding wars between candy bar makers.  These disputes are good measure of the boundaries between 3-D trademarks that have acquired distinctiveness (registrable) and those that are functional (not registrable). In 2006, Nestlé was granted trademark rights in the “distinctive” shape of its KitKat bar in various European countries.  But […]

07Jun 2018
R is for Registered

The distinctive smell of Play-Doh evokes memories of many happy hours of childhood play, those of my children and mine. Perhaps, if you played with the colored “doh,” you probably share similar nostalgia.  Hasbro has been making Play-Doh since the 1950’s and its distinct odor is not natural but a fragrance that Hasboro added to […]

11Feb 2018

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 […]

08Feb 2018
The-Top-Computer-Companies-In

Marijuana has become big business. We never thought it would happen but now  29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]

11Jan 2018
Copyright

  Dear Doc:   Last I heard, “Slants”, a term some Asians apparently find offensive was deemed to be a registrable trademark by the United States Supreme Court because they think that free speech under the First Amendment protects all sorts of offensive speech (but not the giant Ten Commandments that was put up at […]