(Dr. Copyright is off this month – although some might say that he’s always been a bit off – so our very own Dr. Trademark has stepped to the plate to hit more of your burning legal questions out of the park.) Dear Doc.: I was given a prescription for Noroxin to treat a UTI, […]
Trademark
We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]
Ask Dr. Copyright…
September 28, 2012
Ask Dr. Copyright, Copyright, Patent, Trademark
Dear Doc: I have heard that there is something called “trade dress” that can be legally protected, and that it’s different from trade mark and also from design patent and copyright? What gives? Signed, Sam Sung Dear Sam: Trade dress is pretty broadly defined as the visual impression created by the sum of all elements […]
From time to time, we receive inquiries from authors about registering book titles as trademarks. Sounds like a good idea but can it be done? The short answer is “no,” trademark law does not permit registration of a work’s title. But, as with many legal rules, there are exceptions. The complete title of a work […]
IPad Trademark Disputes Continue to Haunt Apple
February 29, 2012
Trademark
Trademark lawyers often enjoy following trademark disputes involving famous trademarks. If you haven’t heard about Apple Computer’s court battle over ownership rights for the “iPad” trademark in China, read on. The Chinese owner of the “iPad” trademark is not Apple but a beleaguered video display manufacturer known as Proview. In 2001, Proview obtained rights to the […]
Cameras and Bicycles — Say Cheez!
January 31, 2012
Trademark
You’ve probably heard about the bankruptcy of Eastman Kodak Company. Yes, everyone sees the irony in a once successful company famous for its technical innovations failing to keep pace with the rapid speed of digital technology. Should we write off Kodak and leave it to the dry and dusty bins of history — as one […]
French Fries Sue Crabs…What Next?
December 31, 2011
Trademark
The owner of the popular Chickie and Pete’s (CP) restaurant chain, Pete Ciarrocchi, is on a tear trying to maintain his monopoly over the use of “crab fries,” a seasoned french fry product, which Philadelphia Magazine claims Ciarrocchi invented. Not so says a handful of restaurants in the Maryland eastern shore who have orchestrated a […]
Trademark Infringement Cases on the Rise
November 30, 2011
Litigation, Trademark
Trademark owners are now litigating more than ever to preserve their brand names and logos. They are taking aggressive stands with much success. Here are some recent examples. Courts are enforcing the law of trademark infringement and trademark dilution to prevent unfair competition, a commercial tort designed to promote fair and honest competition. To preclude […]
Descriptive Trademarks Before the Board: Apple Loses One
September 30, 2011
Trademark
When clients ask us to file a trademark application, one of the first things we evaluate is the strength of the proposed trademark. Is it a strong, distinctive mark that will pass muster with trademark law, or is it a weak, non-distinctive mark that will inevitably be rejected by the Patent and Trademark Office (PTO)? […]
Back in June 2009, we wrote about protecting trademarks under Facebook’s new URL redesign, which permitted a member to use a personal name as part of his or her Facebook address. Aware that the redesign offered new opportunities for trademark infringement, Facebook simultaneously issued guidelines for protecting trademark rights should a Facebook owner steal a […]