Trademark

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In trademark speak, “reverse confusion” occurs whenever the junior user of a trademark dominates the market such that the senior user of the same or a confusingly similar mark loses its accumulated goodwill in the marketplace. This was the subject of our recent article about the case of Ironhawk Technologies, Inc. v. DropBox, Inc. in which the U.S Court of […]

Brewery small

The popularity of craft beer increases every year. In 2015, there were 4,144 breweries in the United States.  Pennsylvania was one of 15 states that is home to more than 100 craft breweries. Starting a brewery may be a popular endeavor but it is not simple. There is a thicket of state and federal regulations […]

trade dress

McDonald’s golden arches, red and blue Chevron gas stations, and Dunkin’ Donuts pink and orange signs are familiar to most consumers. In legal parlance, these distinctive concepts are referred to as “trade dress.” Like trademarks, trade dress can be registered on the principal registry of the United States Patent and Trademark Office (“USPTO”). As we […]

TM is for Trademarks

An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]

Noun Confusion

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]

trademark psychedelic goods

Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms as trademarks is not the most effective strategy for developing a distinctive brand. Now, sadly, a flurry of coronavirus-related trademark applications raises similar concerns. In a […]