What does “fake news” mean to you? The first thing that usually comes to mind is President Donald Trump, right? His opponents say this term only comes out when he is the subject of an unflattering news story. No matter what side of the political aisle you stand, we can all agree there is an...
Category: Intellectual Property
Post
How T-Shirts Modernized Trademark Law
Some say “community standards” are “F-U-C-T” after a recent trademark case was reviewed by the Supreme Court. Erik Brunetti, of Pennsylvania, founded his clothing company in 1990, the acronym for Friends U Can’t Trust. In 2011, Brunetti filed for a trademark of his business’s name. The United States Patent and Trademark Office denied his request,...
Post
Just Because You Can… Should You?
Would you extract your own tooth? Perform surgery on yourself? Shopping on amazon for things I don’t really need, I came across a few interesting items. Did you know amazon sells a surgical bone saw? Or a human rib spreader? Or dental extraction tools? Neither did I, until now. And the reviews, very entertaining! While...
Post
Originality in Trademark
Considerations before designing your trademark. These days it seems like almost everything can be trademarked. Businesses have been known to be quite protective of their trademark; they can do whatever it takes to protect the originality of their brand. Businesses can even shut down other trademarks that threaten to have the slightest similarity to their...
Post
Pay to /Drā/?
U.S. Trademark Court says NO WAY. On May 10, 2018, rapper and producer Dr. Dre lost his trademark infringement case against Dr. Drai, a board certified OBGYN in Pennsylvania. Dr. Drai uses the shortened version of his name for promotion of his medical expertise. Dr. Drai organizes conferences, writes, publishes scientific books and frequent podcasts....
Post
Non-Disclosure Agreements
Businesses can request employees, contractors, distributors, or other related individuals to sign non-disclosure agreements. These are intended to protect “legitimate business interests” such as trade secrets, business or professional information not known by the general public, or specific training practices. Florida Statute 542.335 addresses valid restraints of trade or commerce. This includes “restrictive covenants” like non-disclosure...
Post
Choose your company name carefully – and protect it
A South Florida condominium development had to change its company name to avoid association with a terrorist group. “Isis Downtown” had developed a negative connotation because it had the same name as the Al-Qaida splinter group ISIS. (Source: Daily Mail) When starting a business, it is very important to choose the company name wisely. It...
Post
Trademarks vs. Service Marks
A Florida or Federal trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the goods of one manufacturer or seller from the goods manufactured or sold by others, and indicates the source of goods. When you apply for a Florida trademark or Federal trademark, the trademark examiner reviews...
Post
Works Made For Hire
What is a Copyright? A copyright is the exclusive legal right to use, publish, sell, or distribute the matter and form of something. Although this definition is abstract, the purpose of a copyright is to protect the creator’s ideas from infringement. As a general rule, the creator owns all copyrights in a work she creates;...
Post
Protecting Property Rights
It is Copyright & Trademark Month here at Boyer Law Firm! When is the last time you assessed the value of your intellectual property? Your unique brand or and logo may be worth more than you think. A brand or logo, as a creative expression, is property (intellectual property). It may be worth protecting these property rights...