Answers to some common Trademark Questions

Gordon P. Firemark

Your Trademark Questions Answered. Battles are waged in the market and lawsuits are filed all in the name of trademarks. So what's with trademarks that stir up a storm of lawsuits and battles? Trademarks are enormously valuable business assets. Trademark basics. A Trademark is a distinctive word, symbol or phrase be used to represent any good, that is affixed to goods and used to distinguish one product from the other. Trademarks don't expire.

Should you trademark your podcast’s title?

Gordon P. Firemark

One of the questions I hear most frequently from podcasters is whether they can and should get a registered trademark for their show title. Trademark registration is a relatively simple process, but it does take some knowhow. So, if you've got a valuable brand, title or slogan, contact me for a free consultation and see if a trademark right for you. Last week, I spoke at the Podcast Movement Conference in Philadelphia.

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Trademark for Album Titles – Entertainment Law Asked & Answered

Gordon P. Firemark

Should you register a trademark for your album title? So, David wrote in with this: I just came across one of your videos and have a questions about trademarks. My background has been mostly in the world of video and television, but I am working on a music project and I’m just curious how soon before the music goes public should I file for a trademark. Do I need to trademark the name of the album? AUDIO: TRANSCRIPT: [link].

Special Episode: Iancu v. Brunetti (USSC deals with FUCT trademark)

Gordon P. Firemark

Brunetti (USSC deals with FUCT trademark) originally appeared on Entertainment Law Offices of Gordon P. The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here's what we talked about. Iancau v. Brunetti-SCOTU S. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Special Episode: Iancu v.

Honest Tea Trademark vs Honest Tea Trademark

Current Trends

The Coca-Cola Company dropped a trademark opposition proceeding in Australia against an Australian company selling and marketing tea beverages under the brand HONEST TEA. According to the Australian Trademark Office records, Teavolution Pty, Ltd filed the trademark HONEST TEA in Australia in 2005 and received registration(s) in 2007. has a pending trademark application in Australia. Trademark trademark litigation trademark registration

Trademark Basics Part 4: After Trademark Registration

Current Trends

In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration. Feel free to review Part 1 “Selecting a Trademark,” Part 2 From Selection to Application,” and Part 3 , “Intent to Use.” While the federal application is pending ( from one to two years), the trademark should be identified with the TM symbol. Q: When does my trademark registration expire? Can I still reinstate my trademark?

Do I Need A Trademark Lawyer?

Current Trends

Having a trademark attorney on your product or service branding team is key to success. A trademark lawyer can spot potential pitfalls and help you navigate the complex application and follow-up process with the US Patent and Trademark Office (USPTO). A trademark lawyer can advise you on legal issues regarding existing trademark applications, registrations and/or common law trademark rights that may help you save money in the long run.

Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94

Gordon P. Firemark

PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94 originally appeared on Entertainment Law Offices of Gordon P. PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK.

Entertainment Law Asked & Answered – How to Protect Your Brand with Trademark Registration?

Gordon P. Firemark

In this Asked & Answered video, I answer questions about trademark registration. Use the brand consistently, as a trademark. Register the brand as a trademark. So, What is a Trademark? A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. What does a Trademark protect? How do I get a trademark?

RG3 vs RGIII Trademark Dispute

Current Trends

known by its brand and common law trademark RG3, may oppose the trademark application filed by football star Robert Griffin III for the mark RGIII for clothing items. Research Group 3, a motorcycle parts company, claims in its trademark application use of the mark RG3 for clothing items since 1999. But, Research Group 3 only filed a trademark application in January 2013, months after Robert Griffin III filed his application. trademark litigation trademark registratio

F-Bombs Away! Scandalous Trademarks No Longer Taboo, Court Rules

THR, Esq. Entertainment & Media Law Blog

The fuct clothing brand has opened the door for f-word-related trademarks in a big free speech ruling. read more. THR, Esq. Style Style THR Online

Trademark Basics Part 1: Selecting A Trademark

Current Trends

Every year we need a refresher course in trademark basics. ” Q: What is a trademark or service mark? A: A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. by: Tamera H. Bennett.

Alt Legal Partners with CompuMark to Expand Its Global Trademark Coverage

LawSites

As a result of the partnership, Alt Legal said, its software will now provide customers with automatic updates for trademark filings and registrations in every jurisdiction in the world. and Canadian trademark portfolios, with direct connections to the U.S.

Trademark Seminar!

Trademark, Copyright, and Entertainment Law Forum

Take a look at the first of this series here: [link] Our first seminar is on Trademarks for Small Business. Topics covered: Tuesday, November 9 for the seminar on Trademarks. What is a trademark? • Why do I need to register a trademark? What common mistakes are made in trademark applications? • How can I enforce trademarks? • How are trademarks assets? Tags: seminar trademark law trademarks Announcing. Kravitz & Verna LLC.

Deadmau5 Sued Over 'Meowingtons' Trademark

THR, Esq. Entertainment & Media Law Blog

"I am forced to litigate this woman out of existence," the electronic music star said of the legal fight over the name of his now-famous pet. read more. THR, Esq. Music Music THR Online

Trademark Basics, Part Two:  How Trademark Searches Can Keep You Out Of Legal Hot Water

Broadcast Law Blog

In last week’s article beginning this series on Trademark Basics , we gave an overview of trademark basics and discussed why building up a strong trademark portfolio should be an important part of any media company’s overall business strategy. There is a common misconception that, once you register a trademark at the federal level, you are “protected” against any claims of infringement. As you can see, the simple act of “clearing” a trademark is rarely simple.

Venom v. Venom in the Trademark World

Current Trends

might end up in a choke hold in its trademark infringement battle against mixed martial arts clothing brand VENOM. NIKE has used the trademark VENOM for athletic equipment and apparel since 2002. trademark registration issued in 2003 for softball bats. NIKE claims common law trademark rights for apparel. NIKE responded with the suit in Oregon for trademark infringement, false designation of origin and cancellation of the VENOM with design mark. NIKE, Inc.

CRONUT – a donut? a croissant? a trademark?

Current Trends

A CRONUT is part donut and part croissant and Dominique Ansel, a baker in New York, claims trademark rights in the brand CRONUT for a variety of baked goods as well as prepared baking flours and mixes. A trademark application was filed with the US Patent and Trademark Office on May 19, 2013. A trademark, which serves as a brand identifier, does not protect the idea of combining a donut and croissant. Trademark trademark litigation trademark registration

Trademark Basics: Selecting A Trademark

Current Trends

Today is the first edition in a multi-part post on the basics of the trademark selection and application process. Q: What is a trademark or service mark? A: A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Throughout this post, the terms “trademark&# and “mark&# refer to both trademarks and service marks.

Sherlock Holmes, Elementary, Copyright Protection and Trademarks

Current Trends

” On another interesting note, the Conan Doyle Estate Limited has been busy filing trademark applications for the brand SHERLOCK HOLMES. In 2010 the estate filed six intent to use trademark application featuring the name SHERLOCK HOLMES. Based on US Patent and Trademark office filings, none of these trademarks are currently in use by the Estate. The image above of Holmes with the Pipe is a registered trademark of the The Sherlock Holmes Memorabilia Company.

"Zorro" Trademark Declared Invalid in Europe

THR, Esq. Entertainment & Media Law Blog

In a blow to a company that has a deal with Sony Pictures, the European Union's trademark office rules that the name of the masked avenger is non-distinctive. read more. THR, Esq. The Business Movies Business THR Online

Sister Sledge Band Dispute – Trademark

Current Trends

The US trademark registration for Sister Sledge is owned by Sister Sledge, LLC. Band Name Disputes trademark litigation trademark registration The Sister Sledge hit “We Are Family” is beginning to sound more like “We Are Dysfunctional Family.” ” Ex-member Kathy Sledge has been touring Australia under the name “Sister Sledge featuring Kathy Sledge.”

Protecting The Brand- Trademark 101

Current Trends

A brand or trademark is the way one business distinguishes its products or services from other businesses’ products or services. Developing a strong trademark is key to protecting the value of the brand. Examples of well-known trademarks include NIKE, CHANEL and COKE. The name of your product or service doesn’t have to be famous to be protected by trademark law. But, not every name is protected as a trademark. Trademark trademark registration

Gucci $4.6 Million Trademark Victory Over Guess

Current Trends

million trademark infringement verdict against fashion brand Guess. The Gucci “green-red-green” stripe, around since the 1960′s, received a trademark registration in 1979. Trademark trademark litigation trademark registrationGucci brand of designer accessories and footwear wins $4.6

Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot!

Current Trends

Yogi Bikram Choudhury developed the “Bikram” style of hot yoga and according to records at the US Patent and Trademark Office has been using the brand name “Bikram” since 1971 in offering his yoga classes and instructional materials. Choudhury, diligent about licensing his rights to the BIKRAM trademark and instructional method, sues yoga studios offering “traditional hot yoga” even if the name BIKRAM is not used to describe the course.

Charbucks Trademark Does Not Infringe Starbucks

Current Trends

New Hampshire coffee roaster, The Black Bear, won its 12-year battle against Starbucks , when the Second Court of Appeals confirmed the lower court’s ruling of no trademark infringement. The district court found no likelihood of consumer confusion between the coffee blend called “Charbucks” and the trademark Starbucks. Starbucks takes an aggressive stance against potential trademark infringers.

4 ways do-it-yourself-ers mess up trademark applications

Gordon P. Firemark

I'm frequently asked by clients to help them "fix" defective applications for trademark registration, after the U.S. Patent and Trademark Office's examiners have rejected them. Anthony Verna is an Intellectual Property lawyer in New Jersey, and he's written a blog post outlining four of the most common mistakes made in trademark registrations. I'll bottom line it for you with this list of caveats: * Be sure what you're registering is actually your trademark.

LawNext: The Unlikely Story of How An Insolvency Lawyer Built A Global Trademarks Company

LawSites

Even though he had been an insolvency lawyer who had never practiced trademark law, an early attempt at entrepreneurship — and at registering his own trademarks — showed him the need for better software to automate trademark applications.

Hells Angels Sue Dillard’s and Rapper Clothing Line for Trademark Infringement

Current Trends

The Hells Angels Motorcycle Club’s distinctive brand identifier of the winged skull logo called the “Death Head,” in use by the club since 1948, is the driving force behind a trademark lawsuit against 8732 Apparel, LLC and Dillards, Inc. The test for trademark infringement is likelihood of consumer confusion regarding the source of the product. Removing my trademark lawyer cap and simply looking at these jackets as a consumer: I’m confused.

Top Trademark/Copyright/Entertainment Law Posts of 2013

Current Trends

There’s a great mix of trademark, copyright and music publishing cases. Most visited posts in 2013 (no matter original post date): Number 5: Johnny Football vs Juanito Futbal Trademark Likelihood of Confusion. Number 1: Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot. and a little variation on a theme – the Most visited posts that were originally posted in 2013: Number 5: Drybar vs Blow Dry Bar – Trademark for Blow Drying Hair.

Teleseminar - Trademark & More 101

Trademark, Copyright, and Entertainment Law Forum

On Saturday, January 22 at 12:00 PM Eastern, I will be hosting a teleseminar with Diane Kennedy, CPA on Trademarks & More 101. Listen to what a trademark is, how they are registered, and how trademark law can affect your business. The Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna. trademark law trademarks

The TARDIS Trademark

The Legal Satyricon

This might be old news, but I can’t resist an interesting case about Trademarks – when the TARDIS is involved, I’m hooked. In 1996, the BBC applied to register the TARDIS as a trademark with the UK Intellectual Property Office. Tags: awesomeness trademark source) The London Metropolitan Police District (LMPD) opposed the registration on the grounds that they [.].

Trademark Basics Part 3: Intent to Use

Current Trends

In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks. You may be interested in Part 1 on “Selecting A Trademark,” Part 2 “From Selection to Application,” and Part 4 “Post Registration.” You do not have to use the trademark before you file your federal trademark application.

Super Bowl, Harbowl and Kaepernicking – Trademark Update

Current Trends

The NFL has stepped up their protection efforts to block trademark registrations filed a year ago by football fan Roy Fox for “Harbowl” and “Harbaugh Bowl.” Roy was planning on a head-to-head match of brothers and coaches Jim Harbaugh and John Harbaugh. This is where the trademark laws do work. While I’m not sure the NFL was the correct party to oppose Ray’s trademark filings, either Harbaugh brother had grounds to stop a registration from being issued.

March Madness: Nothing but Net for Trademark Infringement Claims

Broadcast Law Blog

Alternate Title: March Madness Trademarks: It’s March Spring and You Do Not Want to Make the NCAA Mad Angry at You. For example: Readers may recall that the NCAA filed a trademark infringement action in 2017 against a company that ran online sports-themed promotions and sweepstakes under the marks “ April Madness ” and “ Final 3.” The NCAA Aggressively Defends Against Unauthorized Use of its Trademarks. local programming that uses any NCAA trademark as part of its name.

Registering a trademark? Why you might want an attorney to help.

Gordon P. Firemark

Registering a trademark or servicemark to protect your brand is one of the most important things you can do for your business, but too often, in an effort to save a little money, a business owner decides to file his or her trademark registration without the help of a lawyer. It’s true that there’s no Requirement that you use an attorney to register your trademark. Policing and enforcement of trademark rights. Registering a trademark?

Trademark Basics Part 4: Trademark Housekeeping 101 – Conducting a Trademark Audit

Broadcast Law Blog

Last week, we discussed the benefits of federally registering your trademarks. But having a few federal registrations under your belt doesn’t mean your task of building a valuable trademark portfolio is complete. There are several additional steps you can take to make sure you are managing your trademarks wisely and getting the most value from them. Proactively maintaining your trademark portfolio can also help you avoid surprises.

Can you register a trademark for a mascot – Entertainment Law Asked & Answered

Gordon P. Firemark

TRANSCRIPT: Can you register a trademark for a mascot? Specifically, the concerns are about the laws on mascots, she asks: I have four mascots which are connected to my trademark/logo. (No A mascot or character can be a trademark. What's important in dealing with the designer is a question of copyright, rather than trademark. The designer isn't using the mascot as a trademark (i.e., VIDEO: [link].

Trademark Basics Part 4: After Trademark Registration

Current Trends

In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration. Feel free to review Part 1 “Selecting a Trademark,&# Part 2 From Selection to Application,&# and Part 3 , “Intent to Use.&#. While the federal application is pending ( from one to two years), the trademark should be identified with the TM symbol. Q: Does my trademark registration expire once a registration issues from the U.S.

Redskins Trademark Canceled, Called Derogatory

THR, Esq. Entertainment & Media Law Blog

The Patent and Trademark Office ruled that the NFL team''s name brings Native Americans into contempt and disrepute. read more. The Business Sports THR Online THR, Esq. Television Business

Candy Wars – Trademark Cadbury Purple?

Current Trends

Cadbury lost a 9-year trademark battle to protect the iconic purple of its candy wrappers. The Appeals Court in the UK stated the claims in Cadbury’s trademark application were too broad and they refused to grant the protection. Uncategorized trademark litigation The color, better known as Pantone 2685C, is the distinctive purple used by Cadbury to wrap its milk chocolate candy since WWI.

Wanna own the Righthaven trademark?

The Legal Satyricon

Filed under: lulz, trademark. lulz trademarkDeVoy Hey, you! Give your failed life some meaning by purchasing Righthaven’s registered servicemark! Available now on eBay! OWN RIGHTHAVEN’S ”COMMERCIAL GOODWILL” LOLOLOLOLZ!

Trademarking After the Marathon Bombings

Media Law Prof Blog

Patent and Trademark Office has already received two different applications to trademark it. However, trademark lawyers suggest that the USPTO may not grant such an application. The phrase "Boston Strong" is so popular that the U.S. The phrase is geographically