Trademark

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.  […]

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 […]

In the world of intellectual property, the precise use of language is important, whether preparing a copyright, trademark, or patent application, drafting an assignment or license agreement, or in oral communication.  In a short article on the subject, Daniel Kegan, wrote in the newsletter of the Illinois State Bar Association, “Many people, journalists, and judges […]

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 […]

So you want to sell your trademark to another business. You can do that because trademarks are considered property and may be bought and sold. But trademarks are also special kinds of property and one must use care when crafting the sale so that it is effective and enforceable by both parties to the transaction. […]

Intent-to-Use Trademark Applications The U.S. Patent and Trademark Office (“USPTO”) permits trademark owners to file a registration application even before the owner actually uses a trademark so long as the owner has a bona fide intention to use it in interstate commerce.   The so-call “Intent-to-Use” trademark registration application is a useful tool because it lets […]

Trademarks (and service marks) identify the source of products and services, while trade names are short hand references to businesses. Some company names are, indeed, used as trademarks; that is, they identify the product or service of the owners.  Two that come to mind are Coca-cola® and Microsoft®.  Proper trademark usage requires placing your mark […]