The Benefits of Federal Trademark Registration

"If I can get a trademark just by using my mark to sell things, why should I register it?" We get this question a lot. It's a great question. Traditional answers include how having a federal trademark registration gives you nationwide rights, and how it can provide benefits in litigation. As times have changed, however, another … Continue reading The Benefits of Federal Trademark Registration

Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

As soon as Halloween passes, it seems, Dr. Seuss’ Grinch starts to appear, trying to steal Christmas. There’s the classic TV cartoon version, the movie version starring Jim Carrey, the Broadway musical version, and for 2018, another animated movie version, this one featuring Benedict Cumberbatch as the voice of the Grinch. A Grinch story of … Continue reading Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

Part I: Privacy, Puffery, Trust—and—Branding: What Happened to Facebook?

This post is broken into two parts. The first part briefly connects the concepts of trust, branding, and privacy while viewing these abstract concepts through the Facebook lens. The second part will look at how representations can impact branding, examining the fine line between what is an objective, substantiated representation (and what is not, i.e. … Continue reading Part I: Privacy, Puffery, Trust—and—Branding: What Happened to Facebook?

A Sketchy Federal Circuit Holding on a Converse Trade Dress ITC Proceeding

In 2013, the USPTO issued U.S Trademark Registration 4,398,753 to Nike subsidiary Converse, Inc. The registration covered the Converse Chuck Taylor All Star midsole stripes, toe cap, and multilayered toe bumper featuring diamonds and line patterns, which Converse claims to have been selling since 1946.  In October 2014, Converse filed a complaint with the ITC … Continue reading A Sketchy Federal Circuit Holding on a Converse Trade Dress ITC Proceeding

How can a Business Provide a Description of What it is Selling While Having a Unique Brand?

“There’s been a dust up in town,” my mother told me on my last trip home. A local restaurant had started getting calls for reservations and customers wandering in looking for their newly formed competition. The customers were confused, as the two restaurants had similar names. This seems like a pretty straight forward trademark story, … Continue reading How can a Business Provide a Description of What it is Selling While Having a Unique Brand?

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