The Federal Circuit affirmed the Trademark Trial & Appeal Board’s “TTAB” refusal to register the stylized Mark ‘CHURRASCOS’ for restuarant services finding the term generic as used for a restaurant, because the word “refers to beef or grilled meat more generally” and that the term “identifies a key characteristic or feature of the restaurant services, namely, … More HOLY CHURRASCOS!
Section 2(a) of the Lanham Act prohibiting the federal trademark registration of disparaging marks was recently held to violate the 1st Amendment freedom of speech protections by the Federal Circuit Court in “In Re Tam.” The mark refused registration is the name of an Asian-American rock band called “The Slants.” Though the band’s lead singer, … More “Disparaging” Trademark Meets Commercial Speech Protections
On April 27, I had the pleasure speaking at the Ferguson Library in Stamford as part of SCORE’s “Intellectual Property: What You Need To Know” Program. SCORE’s Fairfield County Chapter is an excellent resource for entrepreneurs seeking advice and mentoring about business issues. Of course the takeaway from my part of the presentation was that … More IP Trademark Presentation Stamford, CT
Originally posted on Statute of RyAnne:
I often get questions along the lines of, “Can I do this myself?” Most recently the questions center around, “Can I attempt a trademark registration of my name/logo/brand?” Admittedly, I do play for Team Lawyer; however, even if I did not play for the team, I would still answer…
The news cycle’s abuzz about the Dov Seidman trademark infringement claim against Chobani over use of the word how. The USPTO defines trademark as any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The … More The “How” of Trademark Law
Corporate Tax reform is a shifty goal. Companies seek to lower the 35% rate while suggesting the other guy’s deductions be eliminated. As the NYT reported today, Facebook received a substantial tax deduction on Founder Mark Zuckerbergs cashless exercise of options…. Facebook is the classic example. Its co-founder, Mark Zuckerberg, had options to buy stock … More Facebook’s Windfall
Brand development requires distinctive marks used to identify your goods or services. Registration of these marks with the United States Patent and Trademark Office ” USPTO” confers a number of benefits. Here are some of the most important. 1. Exclusive Nationwide use of the trademarks for branding and building sales through advertising and marketing, therefore … More Top Ten Trademark Registration Benefits
Last week I addressed fair use as an exception to copyright infringement. Among the situations that gave rise to fair use were those deemed transformative. What is a transformative work? As the copyright statute suggests, it is an important consideration that the work neither diminish the value nor damage the market for the original or its … More Kia Soul Hamsters are Funny and Transformative
Copyright Law sets forth an exception to infringement for fair use. But what is a fair use is often confusing. Circumstances often dictate the extent to which this exception is applied. The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use
Oftentimes my clients express confusion as to what exactly a trademark does or does not do for them in business. As defined by statute, a trademark includes any word, name, symbol, or device, or any combination thereof (1) used by a person, or (2) which a person has a bona fide intention to use in commerce….to identify and … More Five Reasons Trademark Law Can Be Confusing
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