Trademark

New CLE on IP Protection & the Cannabis Industry

Yes, the cannabis industry is growing like a weed… a well-watered weed. Since states have begun legalizing marijuana for medicinal and recreational purposes, consumer demand has skyrocketed. The Cannabis Industry & IP Protection Marijuana sales are projected to exceed $20 billion annually within the next few years. As this new legal industry grows exponentially, so too do the intellectual property issues associated…

What’s in a Name – CLE on Selecting, Identifying & Protecting Trademarks

For many entrepreneurs and business owners, the intellectual property of the company is the last thing on their mind when starting and running their business. They are more concerned with getting their business off the ground, hitting sales marks and growing their business. However, intellectual property is often the most valuable asset of the business and it must be properly protected –…

New CLE on Trademark Prosecution: Responding to Office Actions and Likelihood of Confusion

Your client decides on the name FancyStar for her new line of designer jewelry. You finally hear back from the USPTO after filing the trademark application, but the examining attorney isn’t so excited about the trademark. In the Office action, the examining attorney states that the term ‘Fancy’ in the trademark could possibly lead to a likelihood of confusion with other established…

CLE Course: Counseling Your Clients on Trademarks

Ford, Coke, Nike, Starbucks… every business uses trademarks and service marks to identify their goods and services. A strong trademark or service mark can make the difference between a wildly successful business – and its not-so-successful competition. A trademark is valuable because it helps distinguish a business from competing brands and products in the marketplace. The valuable good will of the business…

CLE Course: Stop Using Trademark As A Verb

Entrepreneurs and business owners may excel when it comes to starting and running companies – but they are not always the most adept when it comes to legal issues and protecting the intellectual property of their business. In fact, there are many common misconceptions in trademark law that business owners need to be aware of to truly understand trademarks. Business owners often…

CLE Course on Publishing & Writing Law

While the Internet and digital technologies have wreaked havoc on copyright & Intellectual Property law the last decade, many of the same fundamental legal principles continue to apply to publishing industry and writers. At the end of the day, attorneys still need to help writers to make money from the works that they create. This requires the attorney to see down the…

Pinterest Spawns Copyright Issues

First there was MySpace.  Then there was Facebook and Twitter.   And then came Google+.  Now Pinterest is “the next big thing” in social media – but it may go the way of Napster soon. Here is an excerpt of a statement that Pinterest sent the Wall Street Journal:[1] The protection of copyrighted content is by no means unique to Pinterest — virtually…

Who Dat Sey They Gonna Own That Mark?

Legendary NBA coach Pat Riley owns the trademark to the phrase “three-peat” even though the Lakers were never able to pull off the feat with all-star Magic Johnson in the late ‘8o’s. Those dreams were dashed by Michael Jordan evolving into the best basketball player of all time. However, Riles & Co., the corporate entity of Coach Riley, successfully registered the trademark…

Trademark Suit Filed over the The South Butt

I have always found trademark, copyright, and right of publicity litigation interesting because of the types of cases involved. Who can resist a case involving involving a robotic Vanna White or a case involving Victoria’s Secret? In yet another case to laugh at, The North Face has sued 19-year-old James Winkelmann for trademark infringement and dilution. The North Face makes, “Technologically advanced,…