#intellectualproperty

Is Humorous Parody Trademark Infringement or Free Speech? The Supreme Court Wants to Know

Nov 30, 2022
4 min

Is Humorous Parody Trademark Infringement or Free Speech? The Supreme Court Wants to Know

I know the world of trademark law was already exciting enough already, but you should know, it’s about to be pure fire. By that I mean the Supreme Court has recently agreed to hear TWO – not one – but TWO trademark cases this term! So what’s going on? Isn’t trademark well-settled law? Nope. Nothing is well-settled law anymore. Let’s check out what the Justices are going to be evaluating. Here’s Part 2 of our Supreme Court review. Jack Daniel’s Properties, Inc. v. VIP Prod

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How Far Does the Lanham Act Reach? The Supreme Court Wants to Know

Monica

Nov 29, 2022
2 min

How Far Does the Lanham Act Reach? The Supreme Court Wants to Know

I know the world of trademark law was already exciting enough already, but you should know, it’s about to be pure fire. By that I mean the Supreme Court has recently agreed to hear TWO – not one – but TWO trademark cases this term! So what’s going on? Isn’t trademark well-settled law? Nope. Nothing is well-settled law anymore. Let’s check out what the Justices are going to be checking out. Abitron Austria GmbH v. Hetronic International In this case, the justices have agree

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Monica

Oct 18, 2022
4 min

My Favorite Trademarks - Bamboozle

My husband and I strive to be as environmentally friendly as we can. From solar panels on our house to an electir car, to purchasing food from local farms, to an everyday practice of (questionably useful) recycling, to mixing our Honest Company® home cleaning products, we do the best we can. As someone who has been on a health and wellness adventure using functional medicine and nutrition to improve my health, I found that cooking a 100% whole food diet 100% at home produced

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'Lemme' Trademark That - Kourtney Kardashian Applies for Gummy Supplement Trademark

Monica

Sep 13, 2022
3 min

'Lemme' Trademark That - Kourtney Kardashian Applies for Gummy Supplement Trademark

In a beautiful, colorful Instagram post on September 12th, Kourtney Kardashian announced the launch of her new brand, Lemme™. The brand will launch a line of health supplements in the form of gummies on September 27th. So, hurry up, finish off your boring supplements and get your medicine cabinet ready to party. The Instagram post shows gummy bottles with fun names like “lemme CHILL”, “lemme MATCHA”, and “lemme FOCUS.” Each is a catchy name, and the branding and fonts are on

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Monica

Mar 16, 2022
4 min

A Guide to Trademark Symbols

As an owner of a trademark, one of your many responsibilities is to guard the trademark from infringement. Of all the ways you can guard your intellectual property, the easiest is by placing the world on notice of your claim of ownership rights. You are likely familiar with the TM, SM and, ® symbols, but you may not know the very important differences. Why Use a Trademark Symbol? The placement of a trademark symbol next to your trademark, whether it is name, logo, or slogan,

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Monica

Aug 11, 2021
5 min

How to Create A Strong Trademark

Before launching a brand, every entrepreneur and startup should push the pause button before committing to a business name. While the excitement of moving into branding campaigns, web design and logo design is much more tempting than consulting with a trademark attorney, we can promise that this moment of pause will be well worth your wait. A strong trademark will not only help the goods and services offered under your brand to become more recognizable, but will also save you

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Medina Spirit Trademark - Why Every Kentucky Derby Winner must Apply for Federal Trademark Registry

Monica

May 1, 2021
4 min

Medina Spirit Trademark - Why Every Kentucky Derby Winner must Apply for Federal Trademark Registry

Medina Spirit's first stop after crossing the finish line at Churchill Downs is of course the Winner’s Circle. The second stop should be a call with a trademark attorney. The Kentucky Derby purse and the potential for the purses of Preakness Stakes and Belmont Stakes are just the beginning of the potential windfall for the owners of a Derby winner. In most cases a three-year-old thoroughbred is not trademarked at the time of the running of the Kentucky Derby. Until winning th

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Monica

Apr 13, 2021
4 min

The Basics of Common Law Trademarks

While a federally registered trademark is the more commonly known, it does have a lesser-known sibling, the common law trademark. Unlike federally registered trademarks, which must survive a sometimes lengthy application prosecution and incur fees at the United States Patent and Trademark Office, a common law trademark can arise solely through the use of the mark. This is true whether the mark is a word, logo or slogan, and the mark can even have the advantage of using the TM

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Monica

Mar 9, 2021
4 min

When Should I Trademark my Brand?

Quick Answer - yesterday, sometime today, or right now. When considering federal trademark registration, typically the sooner you apply for registration, the better. In order to be eligible to apply for federal trademark registration through the United States Patent and Trademark Office (USPTO), you must either be currently using the mark (business name, logo, slogan, social media name) in some form of interstate commerce, or you must have the bona fide intent to do so. The a

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HOW LONG DOES IT TAKE TO REGISTER A TRADEMARK?

Monica

Feb 23, 2021
4 min

HOW LONG DOES IT TAKE TO REGISTER A TRADEMARK?

Plan for a Year and Hope for Less While the trademark application process has standard timelines, all trademark applications are unique with many presenting challenges that can take the standard timeline down a road of many twists and turns. However, after experiencing all types of trademarks and office actions, we recommend that our clients plan for a full year before they have a complete registration. Step 1: Clearance Search – 1 to 2 Weeks Prior to filing an application, i

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Monica

Aug 4, 2020
3 min

Do you Need a trademark?

There are actually few times when one absolutely needs a trademark by law. For instance, the most common trademark requirements are often seen in franchising and licensing of business names and logos. However, trademark registration is very important for building brand identify and future growth of a business, and it should not be overlooked in the very beginning stage of business development. Though you may not be legally required to register your trademark, not doing so is

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Monica

May 21, 2019
4 min

What is a trademark?

So what exactly is a trademark? I have taken all of you on a complicated ride through thoroughbred racetracks and geography; now its time to travel back in time to a better starting point. What is a trademark? I’m sure it seems pretty basic to everyone. But to eventually get into all of the unexpected twists and turns of the trademark registration and prosecution process, I will get back to this basic question. As you stumble into work each morning, carrying a purse, a tote

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