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This article reviews a recent decision by the Trademark Trial and Appeals Board in a trademark opposition concerning the COACH trademark. The article explains why the opposer's claims based on likelihood of confusion and dilution both...
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Although many trademarks which initially will leap to your mind are likely comprised of words and symbols, a large variety of other aspects of a product or service can be protected by a trademark. This article highlights some famous...
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Trademark filings have a habit of following pop culture; this has been a consistent modern theme. This article highlights yet another instance of the link between trademarks and pop culture. This link has to do with Jeremy Lin, the...
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One of the most prominent celebrity news stories of the last year was Charlie Sheen's contract dispute with CBS (and other assorted shenanigans). As often happens with pop culture fads, people filed trademarks on items related to his newsworthy...
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Can one trademark goats on a roof? If one can, what happens if someone opens a cancellation proceeding against that trademark? This article answers both of these questions with a review of the opinion in the trademark cancellation...
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This article highlights a House of Representatives subcommittee meeting which will focus on predatory litigation. The meeting might look into instances of trademark bullying, and this article will relate any news on this topic coming out of...
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This article (and accompanying video) warns business owners about trademark monitoring and trademark registry services which amount to little more than scams. As the article highlights, although these services appear official, they perform no...
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This video blog (and the article accompanying it) provide five steps which owners of brands should follow to strengthen their brands and maximize the legal protections available to those brands. The steps include registering trademarks with the...
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When you travel, you often see things which you've never seen before. Among these new visuals are trademarks; different countries, and even different parts of the same country, have different brands which play huge roles in locals' lives. ...
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Seeing a client grow into a successful business is a tremendously rewarding experience for an attorney. This article serves to brag about some of these clients, with explanations of what they do, links to some of their work, and links to their...
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The title of this article is moderately misleading, in that "nostalgia" implies something from the past making a momentary return to relevance. This year's Super Bowl featured many brands which have remained relevant, strong, and (therefore)...
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Super Bowl XLVI is a rematch between the New England Patriots and the New York Giants. As one would expect from such a brand-conscious league, there will also be a number of valuable and important trademarks on the field, both in and out of...
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The National Football League (NFL) has trademarks over several terms surrounding the Super Bowl which they enforce vigorously (to some, comically so). This article shares one creative attempt to get around the NFL's enforcement efforts by an...
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This article raises the possibility of trademark issues with spoof Twitter accounts. Many spoof Twitter accounts facially bear some connection to the subject of their parody, and, as this article notes, the element which makes the spoof a spoof...
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Should your business file a trademark registration to protect its name? What about its logo? This article addresses both questions, with advice regarding when and how you should protect your business's name and/or logo(s).
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This article is a presentation about several salient points surrounding the release of new top level domain. The presentation contains many very useful links detailing procedural points surrounding the new domains as well as information...
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This article analyzes the branding and trademark protection around Pinterest, a website and mobile app which has become quite popular in recent months. The article explains why the brand name is very strong, but highlights how the managers of...
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"Who dat" has been a rallying cry for the New Orleans Saints for quite some time--in fact, as this article notes, it has been a common phrase in the Big Easy for far longer. Although their season is over, this article examines trademark...
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When you register your trademark, that trademark application becomes a record available to the public. While this does put potential infringers on notice of your rights to the mark, it also gives certain firms a list of targets for...
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Muhammad Ali's boxing career is legendary; many still consider him to be the greatest boxer ever (in spite of a late-career fade). This article celebrates his birthday by highlighting several trademarks owned by Ali's business; much like many...
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One of the benefits of federal registration for your trademark is that the United States Department of Customs and Border Patrol will monitor for counterfeit goods bearing your trademark at border crossings. This article looks at the...
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A recent article highlighted many trademarks being filed based on the popularity and (relative) success of Denver Broncos' quarterback Tim Tebow. In light of the Broncos' recent high-profile playoff win over the Pittsburgh Steelers, many new...
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This article illustrates an important point about the variety of ways in which trademarks can be used. The article shares photographs from a recent ski trip which, due to the variety of equipment used in skiing, all have various brands and...
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Insurance industry titan State Farm has used the same version of its logo for more than 50 years, which amounts to over half of its life as a business. State Farm recently unveiled a new version of its logo, which effects a subtle change;...
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If this year's college football BCS Championship game were decided by trademark registrations, as opposed to student-athletes, Alabama would handily beat LSU. That is the conclusion of this article, which highlights registered trademarks...
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This article relates an interesting procedural move and court sanction in a trademark opposition case. As the article relates, the Trademark Trial and Appeals Board (TTAB) gave a party arguing in opposition to a trademark filing (Opposer) 15...
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Trademark filings with the USPTO are one gauge of economic activity. This article reviews trademark filing in 2011, and finds that trademark registrations increased year-over-year in 2011, almost reaching the level they attained at the peak of...
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The year 2012 already promises to feature several important events. As this article details, this makes 2012 a popular subject for trademark applications and registrations. This article highlights several notable trademarks relating to...
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This article highlights an important lesson: a trademark registration, provided the trademark covered by the registration continues to be used, can be renewed indefinitely. The vehicle by which the article makes this point is a...
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This article provides an update to an earlier article chronicling a rash of trademark applications seeking to take advantage of the "Occupy" movement, especially the "Occupy Wall Street" variation thereof. This updates the prior article by...
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This article continues a series which shares clients' recent trademark registrations. These registrations demonstrate the types of brands which entrepreneurs are currently seeking to build, the business sectors seeing new business activity, and...
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Tim Tebow was one of the most prominent college football players of the late 2000s at the University of Florida, and now, as the quarterback of the Denver Broncos, has been involved in several thrilling come-from-behind victories this season. ...
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This article provides an update to the ongoing registration of new .xxx domain names. Some companies chose to protect cybersquatters (or others) from using their corresponding .xxx names and trademarks; others did not. As the article...
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This article reviews the top trademark trends of 2011, based on news stories, filings, and (in some cases ongoing) litigation. The trends highlighted in this article involve celebrity trademarks (and trademark disputes), political trademarks,...
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The Florida Marlins have won two World Series in their existence, which spans less than 20 years. In spite of this, they remained notorious as one of baseball's poorest-drawing franchises. With a new stadium, the team tried to change...
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Trademark attorneys often educate their clients (and the general public) about trademarks and trademark policing issues; this is especially important for trademark attorneys who specialize in working with small businesses, as these businesses often...
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Livestand, by Yahoo, is designed as something of a magazine-reader iPad application. The name--Livestand--is the subject of this article, which examines whether Livestand has the makings of an effective brand name and also looks at...
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The .xxx top-level domain name recently became available. This article urges brand owners to use the pre-register .xxx domains corresponding to their brands in order to prevent others from tarnishing the brands they worked so hard to...
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Slogans, like logos, can be an important way to build an identifiable brand. As this article explains, the best slogans will stick in a potential customer's mind, but also communicate something about the brand--thereby building both brand...
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This article aims to give a small business owner or entrepreneur an idea of what filing for a trademark entails by sharing the trademark application for an affiliated blog which was recently launched. The article also highlights the...
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An earlier article entitled "Fifteen Questions to Ask Your Trademark Attorney" posed (as you would expect) fifteen questions a potential client should ask a trademark attorney prior to hiring that attorney. This article serves as a follow-up,...
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Google launched their foray into the browser market, Chrome, more than three years ago. However, Google's failure to protect their Chrome brand via trademark caused some consternation, as expressed in a prior article. This article updates...
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The Office, a popular sitcom, features a brand of paper called "Dunder Mifflin." Recently, Staples has begun selling Dunder Mifflin-branded paper via its online outlet. However, as this article observes, Staples is making several missteps...
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This article takes issue with an article by the U.S. Small Business Administration ("SBA") called Follow These Steps to Starting a Business. Although the SBA's piece did provide many useful suggestions, the critique of it put forth by this...
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In honor of Thanksgiving, this article looks at some trademarks registered to capture the holiday spirit. Trademarks profiled include food, football, parades, holiday-themed greeting cards, and, of course, John Madden's favorite holiday meal,...
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Paris Hilton is more than just famous--she is also the owner of many registered trademarks, which enable her to better capitalize (financially) on her fame. This article looks at the genesis of Ms. Hilton's trademark portfolio, and reviews each...
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You have a great idea for a business. It looks like it will make you a millionaire many times over. You also have a great idea for a brand name for that business, which will drive some of those millions you will be...
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The "Occupy Wall Street" movement is popularly perceived as being anti-corporate. As such, when someone tried to register a trademark for "Occupy Wall St.", it received a flurry of news coverage, for the irony if nothing else. This...
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Trademarks and logos are both essential parts of creating, building, and protecting your brand. In this article, a trademark lawyer shares some of his favorite logos, and explains why he both likes them so much and why he thinks they are so...
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This article documents a surge of trademark applications to the USPTO related to the "Occupy Wall Street" movement (as well as other demonstrations along the same lines). The article also highlights a useful distinction between ornamental use...
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This article calls attention to recent work done which illustrates the power of branding. According to a recent study, the average there year old is familiar with over 100 brands. Adults also display a tremendous amount of brand...
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This article commemorates the spirit of the holiday with a selection of paranormal-themed trademarks. These trademarks are important because holidays such as Halloween represent business opportunities, and protecting your idea is often...
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Fans of the St. Louis Cardinals and the Texas Rangers certainly watched Game Seven of this year's World Series closely (although Cardinals' fans will remember it more fondly than Rangers' fans). This article details some of the registered...
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Lawyers with large trademark practices see a lot of brand names and logos. As such, they have a unique insight into which brand names and logos are effective, and which are not. This article analyzes the name and logo of Groupon, which...
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The National Football League has designated October as "NFL Breast Cancer Awareness Month." The millions of Americans viewing these games see the teams' uniforms accented with pink. These pink ribbons and colors, designed to raise...
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The trademark dispute between Willa and Wella (a subsidiary of Proctor & Gamble) has been portrayed as a classic example of "trademark bullying" by publications as widely read as the New York Times. This article highlights the denouement to...
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Netflix recently announced the launch of--and even more recently announced the termination of--a new brand name (Qwikster) for its DVD service. The new brand met with widespread resistance and questioning. This article focuses on the...
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When you register a trademark, it can either go on the principal register or the supplemental register. The principal register confers stronger protection, but not every trademark registration will qualify for it. This article explains...
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There are many reasons to register a trademark--way more than ten. This article limits itself to ten of the best reasons to register your trademark, but there are many, many more.
- Summary by FizzLaw Team
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Section 7 applications allow trademark registrations to be amended in certain circumstances. This article shares a Section 7 amendment, first explaining the motivation behind the amendment, and then shares the application itself to give a...
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Although many articles talk about protecting your brand by registering your trademark, and point out the value-add a strong, well-protected brand, what they don't tell you is that trademark protection doesn't make your brand unique. ...
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This article uses Twitter as an indication of the perils of failing to register your trademarks promptly. By the time Twitter finally filed a trademark registration for their brand name (Twitter), the technology was already on the cusp of being...
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Heinz has come out with a new ketchup packet, the "Dip and Squeeze." Rather than being able to squeeze ketchup out of the packet onto your burger, plate or whatever else, it allows you the option of opening the packet and dipping your food into...
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Erik Pelton specializes in trademarks, but this article sheds some light on copyrights. Specifically, Mr. Pelton recently re-launched his firm's website, which included a great deal of new content. Here, he shares the application for...
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Every football fan, and most American non-football fans, know that the initials "NFL" stand for "National Football League." The league's footprint is ubiquitous, and its brand is strong. In this article, Erik Pelton highlights some of the...
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The media coverage of Hurricane Irene, and the subsequent flooding and other damage it caused along the east coast of the United States, brought it to the forefront of the nation's awareness. In this blog post, Erik Pelton points out how...
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Erik Pelton provides an update on Facebook's efforts to register trademarks around their "Like" button.
- Summary by FizzLaw Team
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Erik Pelton explains some of the business reasons why he provides so much free content in this blog post. He also explains why all the free content he provides does not cheapen the value of the trademarking advice which he provides to his...
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When college football fans think of Boise State, one of the first things which leaps to mind is their distinctive blue astroturf. When college football fans think of games played on blue turf, most will immediately think that the game is being...
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Erik Pelton primarily charges his clients a flat fee for matters on which he works. In this article, he highlights some of the advantages to this approach, and also points out some other features which make his practice both unique and...
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Trademarks come in different flavors, and in this blog post, Erik Pelton examines an alternative to the traditional trademark--in this case, a certification trademark. A certification trademark, as Mr. Pelton highlights, is used by people other...
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In this article, trademark lawyer Erik Pelton highlights some of the hottest trends in trademarks in 2010. Included in his analysis are the impact of social media on trademarks, the effects of major news stories on trademarks, and household...
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Registering your trademark(s) is important for protecting your brand from infringers. In order to register your trademark, though, you must submit a trademark application with the United States Patent and Trademark Office. In...
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If you don't protect your trademarks, your brand can become diluted to the public. Possibly worse, you can lose your legal right to some trademark law protections. As such, monitoring your trademark for potential infringement is of...
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Erik Pelton notes that just because you can file a trademark application by yourself (and to answer the question, yes you can), it doesn't follow that doing so is a good business move. Even though you will certainly have to pay some fee up...
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The TRUMP brand is licensed by Donald Trump (of whom you have probably heard). The brand itself is valuable, but not a guarantor of success. In this blog post, Erik Pelton observes that ventures which use the brand's name are running into...
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A regularly recurring feature on Erik Pelton's blog is an overview of recent trademarks his clients have received from the United States Patent and Trademark Office. This is the twenty-fourth installment of that feature.
- Summary by FizzLaw...
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Trademarks can cover a variety of methods of distinguishing the source of the services or products being offered. In this blog post, Erik Pelton explores one variety of these "non-traditional" trademarks--namely, lighting displays. Mr....
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In this article, Erik Pelton outlines some of the basics of copyrights as applicable to small business owners. First of all, Mr. Pelton helps you understand what a copyright actually is. He also delineates the rights which the copyright...
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In this article, Erik Pelton explains the advantages to registering your trademarks. Although you will have some rights to a trademark without going through the time and expense of registering your trademark, the rights are limited in many...
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Most lawyers who help business owners with trademark problems offer trademark searches as a service. In this brief article, Erik Pelton explains the methodology of trademark searches, and the types of problems they can help a small business...
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Erik Pelton answers three basic questions about trademarks in this article from his firm's website. First, he explains what, exactly, a trademark is. Then, Mr. Pelton outlines how patents differ from other forms of intellectual property...
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Don’t be afraid to spend on legal work that could save you fortunes and headaches later on, such as: properly forming a corporation; protecting intellectual property; or having an attorney review a contract.