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

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?

If You are an Author Looking to Build a Brand, Here are Some Items to Consider

There are some things that are terrible ideas. In the realm of trademarks, #cockygate definitely qualifies. #Cockygate refers to self-published author Faleena Hopkins’ decision to obtain a federal trademark registration for “cocky” for romance novels and then send cease and desist letters to some of her competitors. The reason for the letters?  Like many romance … Continue reading If You are an Author Looking to Build a Brand, Here are Some Items to Consider

From IHOP to IHOB and Back Again

Last month, breakfast lovers everywhere received a scare. On June 11, International House of Pancakes, also known as IHOP, announced it was changing its name to IHOB. The “B” in the new name?  Was it short for biscuits?  Brunch?  Bacon?  Breakfast?  None of the above. The “B” is for burgers, the company revealed. Outrage followed … Continue reading From IHOP to IHOB and Back Again