Trademark

24Jun 2024

Horror Retail Meets Copyright Law

June 24, 2024 Copyright, Intellectual Property, Trademark

Policing your trademarks is as important as registering them.  Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers.  Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

20Jun 2024

Why Perform a Trademark Search?

June 20, 2024 Trademark

It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, here is some guidance. Once you have created a list of potential trademarks, you have to ensure that no one else has registered the mark […]

15Apr 2024

But Mom, Why is the Spider-Man Costume So Expensive?

April 15, 2024 Copyright, Trademark
halloween costumes

As the days grow shorter, it seems that the shorter people  (we call them “kids”) start to want costumes and large bags the size of small dump trucks into which kindly neighbors intent on supporting the local dental association will deposit “treats.”  You may have noticed that some costumes (for example, independent small-business marine entrepreneurs, […]

04Apr 2024

Non-Fungible Tokens Revisited

April 4, 2024 Intellectual Property, Internet Law, Trademark

Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]

07Mar 2024

‘Trade Names’ or ‘Trademarks’?

March 7, 2024 Trademark, Uncategorized
Hi-Tech Pharmaceuticals

Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]

26Feb 2024

Trader Joe’s and the Long-Arm Reach of the Lanham Act

February 26, 2024 Trademark
trader joes and the lanham act

If you thought that you were immune from prosecution for infringing a U.S. registered trademark in a foreign country, be forewarned. In late 2011, Michael Norman Hallatt, a Canadian citizen and U.S. Lawful Permanent Resident, began visiting a Bellingham, Washington Trader Joe’s (“TJ’s”) store several times a week to buy large quantities of Trader Joe’s […]

19Feb 2024

3 Things First Time Inventors Should Know

February 19, 2024 Trademark
light bulb - first time inventors

Trademarks and First-Time Inventors 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 […]

12Feb 2024

Ask Dr. Copyright© Protecting a Cookie

February 12, 2024 Trademark
Question on a Keyboard

Dear Doc: Me want to protect cookie. How can do that? Signed,A Certain Monster Dear Mr. Monster: A recent case from the Third Circuit Court of Appeals may help you to understand how cookies are protected. More than 50 years ago, Ezaki Glico Kabushiki Kaisha developed “Pocky” – a thin, elongated biscuit partially covered with chocolate. About […]

04Jan 2024

Eagles Promote the “Brotherly Shove” and So Does Everyone Else

January 4, 2024 Trademark
Philadelphia Eagles Brotherly Shove

As a Philadelphia-area law firm, we can’t resist talking about Philadelphia Eagles-related trademarks. Most Eagles fans and anybody who’s watched a Philadelphia Eagles game are familiar with the “brotherly shove” play. You’re not a football fan, let us explain. The “Brotherly Shove” football play — also referred to as the “tush push” — is essentially a […]

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