This monumental case shapes trademark law. New case law determines key elements to willful intent in trademark infringement.
Category: <span>Intellectual Property</span>
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Supreme Court Ruling on Trademark of Generic Term for Website Name
Trademarks have always been an important part of business and marketing. A trademark gives you sole rights to use a specific name or term, and in the past, that right was reserved for unique names. Terms that were more widely used in daily language were not eligible to be trademarked. However, last June, the Supreme...
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The Basics of Registering a Trademark
If you run a business where you sell goods or services, you’ve likely considered registering a trademark. A trademark can protect your product name, logo, or a symbol that you frequently use. Not only does a trademark help your business, but it can also protect your customers by allowing them to easily identify your brand...
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Fake Trademark Application for “Fake News?”
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...
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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,...
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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...
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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...
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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....
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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...
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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...