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 […]
Trademark
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 […]
Don’t Go Naked When Assigning a Trademark
March 31, 2010
Trademark
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 and the Power of the Internet
February 23, 2010
Trademark
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 […]
Bloggers and Advertisers are Cautioned by New FTC Guidelines on Product Endorsements In our last post , we mistakenly wrote that the new FTC guidelines for product endorsements became effective on December 1, 2010. That was an error; they became effective on December 1, 2009.
Using Trademarks Where They Don’t Belong
January 28, 2010
Trademark
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 […]
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 […]
On December 1, 2010, the Federal Trade Commission (FTC) promulgated new guidelines governing endorsements and testimonials. Although the guidelines — being just “guidelines” — do not have the force of law, they do provide insight on how the FTC will interpret the law. The guidelines cover endorsements by bloggers, consumers, experts, and organizations. Let’s look […]
What’s in a Name? Choosing a domain name can be tricky business
November 26, 2009
Internet Law, Trademark
Today, a presence on the Internet is a vital part of business marketing and sales. That presence is typically represented by the existence of a web site hosted on a particular domain name. A domain name is the portal to your business and is an important part of the overall marketing process. Picking a domain […]
The “Mighty Mouse” Trademark Saga
October 23, 2009
Trademark
This week Apple Computer, Inc. (Apple) released a bevy of new products including a newly designed, multi-touch mouse, monikered “Magic Mouse“. Interestingly, Apple just recently lost a trademark dispute with Man & Machine, Inc. (Man & Machine) over the “Mighty Mouse” trademark, which happened to be the mark used for Apple’s previous mouse product introduced […]