Top Ten Trademark Registration Benefits

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

Starbucks Charred Again

For those of you who enjoy a fun case, the saga of Starbucks v. Wolfe’s Borough Coffee “WBC” is for you. During the course of this epic ten year battle pitting the famous international coffee purveyor against the small New England roaster, the law of trademark dilution has been analyzed, argued and then revised by … More Starbucks Charred Again

S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

Oprah Loses “Own Your Power” Trademark Skirmish

Everyone knows Oprah Winfrey. Attractive, eloquent and charismatic, she’s a brand unto herself. However, she recently came out on the short end of the stick in a trademark dispute with Simone Kelly-Brown, the owner of the registered service mark “Own Your Power.” Oprah’s media empire had used this phrase in a number of publications, at … More Oprah Loses “Own Your Power” Trademark Skirmish

Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Google sells keywords to advertisers that involve the trademarks of competitors often bringing rise to claims for trademark infringement. The latest case attesting to the futility of bringing suits on this basis is General Steel v. Chumley where the Federal District Court in Colorado sided with the Defendant on the trademark claims based on keyword … More Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Frito Lay Scooped On Infringement Claims

Defendants Medallion Foods, Inc. and Ralcorp Holdings, Inc. scored a jury verdict against Plaintiff Frito Lay on a variety of infringement claims. The Frito Lay claims were for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, 15 U.S.C. § 1051, et seq. (as amended); and for patent … More Frito Lay Scooped On Infringement Claims

Non-Disclosure Agreement: So What’s The Point?

Clients often are concerned, and rightly so, about disclosing their ideas, plans, business models, etc. to potential partners and investors. Oftentimes I’m asked to prepare, or more often download one of the many forms online, a non-disclosure agreement “NDA.” This agreement usually sets forth various terms with regard to the use of any information or … More Non-Disclosure Agreement: So What’s The Point?