Trademark

12Sep 2022

What’s In a Name…?

September 12, 2022 Trademark
R Symbol

*Originally posted on February 28, 2011 By now you may have heard that Sarah Palin and Bristol Palin have each filed applications in the United States Patent and Trademark Office (“PTO”) to register their individual names as federal trademarks. Sarah identified her services as “information about political issues… Educational and entertainment services, namely providing motivational […]

11Aug 2022

Investment Banking and Whiskey: A Short Tale of Related Products

August 11, 2022 Trademark
Lehman Brothers Whiskey

Trademark law is deceptively simple, but there are traps for the unwary. One of those traps is the doctrine of “related products“. Here’s how this works. Let’s say you have chosen what you believe to be a distinctive trademark for fruit juice. Let’s call it AWESOME BEV. So, you properly performed a trademark clearance search. You find that no one […]

05May 2022

Trademarks and NFTs: More Headaches

May 5, 2022 Intellectual Property, Trademark
Birkin Bag NFT

New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]

09Dec 2021

When is a Chair just a Chair?

December 9, 2021 Trademark
Chair Design Trademark

When is a chair just a chair (and not a trademark)? The Trademark Trial and Appeal Board (the “Board” or “TTAB”) recently considered this question in an opinion on whether Herman Miller, Inc. (“Herman Miller”) could claim trademark rights in a famous chair design dating back from the 1940s when Charles and Ray Eames developed a technique for molding […]

04Nov 2021

How Do I Register My Trademark in a Foreign Country? Part II

November 4, 2021 Trademark
Globe

The WIPO website devotes a whole page to the “benefits of the Madrid System”. From it, you can glean four principal advantages: (1) it is equitable, that is, it is available to “small startups” or “large multinational” organizations alike; (2) it is convenient; (3) it is global in reach; and (4) it is cost effective. Let’s examine each […]

07Oct 2021

How Do I Register My Trademark in a Foreign Country? Part I

October 7, 2021 Trademark
Globe

National Filing. The first method consists of directly filing a trademark application in the foreign country. This is commonly referred to as a “National Filing.” Typically, your US attorney will retain a trademark attorney in the country where you wish to register your trademark. You provide the foreign attorney with a power of attorney and […]

08Apr 2021

The Shop Safe Act of 2020 – the Remedy We’ve Been Looking For?

April 8, 2021 Trademark
Shop Safe Act of 2020

In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]

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