This article reviews the recent lawsuit involving PhoneDog and an employee of the company who tweeted as part of his job duties. Reviewing the facts of the case is not the point of this article, however; rather, it uses the uncertainty about...
How does one select the title for a patent? This article points out that naming a patent involves different considerations than naming a brand; on the one hand, an obscure title can keep competitors from piggybacking off your bright idea, but...
This article reviews a dispute between nightclubs in Arizona and Los Angeles which demonstrates trademark law's confusingly similar doctrine. The article points out that the nightclubs in question do not share a name, but their names might be...
This article was inspired by the sight of a truck bearing the name of "Haulmark." Haulmark, the name of a brand of trailer, is visually very similar and audially indistinguishable from the famous greeting card maker Hallmark. ...
When filing a federal trademark registration, you must specify the date of first use of the trademark. This article explains some general rules around determining this date. The most difficult case occurs when you do not remember the...
This article highlights the USPTO's ongoing response to official-looking notices and payment requests to trademark applicants and registrants. The article details the USPTO's methods of notice and shares what such a notice looks like.
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This article explores the question posed by its title, and naturally proceeds to the scope of patentability and the various means by which an inventor can have an otherwise legitimate patent taken away. The article not only examines whether one...
When you pay someone to wear your logo in a sporting event, how many people do you expect to be exposed to the existence of your product or service? This article highlights a recent incident involving a triathlete which would make the answer to...
It takes a lot of dedication to complete an Ironman race; if you do complete one, it is quite an accomplishment about which to brag. This article, essentially, asks how one can point to a particular Ironman race they completed? Can one...
When a statement of use is due in a trademark application, and the filing might be made close to the deadline, it may be prudent to file an insurance extension request in case the statement of use is rejected for some reason.