Intellectual property is often the most valuable asset of a business. Intellectual property laws play a significant role in promoting and protecting innovation by affording legal rights to creators, inventors, and businesses to their inventions, brands, works of authorship, and trade secrets. The Importance of Intellectual Property For Your Business Intellectual property protection can enhance a business’s valuation and attractiveness …
Can You Obtain a Trademark Registration For a Sound?
Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distinguishing audio that companies or businesses use to set themselves and their products apart in the marketplace, similar to a word or design trademark. Some well-known sound marks include the …
The Implications For Brand Owners and Businesses of the Supreme Court Decision in Jack Daniels Properties Inc. v. VIP Products LLC
The recent Supreme Court decision in Jack Daniels Properties Inc. v. VIP Products LLC, may have lasting impacts on trademark adoption and enforcement strategies of brand owners and businesses. VIP Products, which sells dog toys, created a dog toy that looked remarkably similar to a bottle of Jack Daniel’s Whiskey. Jack Daniel’s sued VIP for infringement of their trade dress …
What to Do If Someone is Infringing on Your Trademark
Trademark infringement is the unauthorized use of a trademark or a service mark on or in connection with goods or services in a manner that is likely to cause confusion as to the source of the goods or services. Trademark infringement can result in the loss of goodwill in a brand, the weakening of the brand’s recognition, and the loss …
Who Should Be Listed as the Proper Owner of a Trademark Application?
A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong owner of a trademark on an application, other than starting the entire process over. Whether you are an individual, own your own business, are in a partnership, or belong …
Important Information Regarding Trademark Scams
Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, even from the United States Patent & Trademark Office, fraudulently attempting to obtain payments from trademark owners. It is important to be aware of how to identify …
Do You Need a Copyright, Trademark, or Patent?
Copyrights, trademarks, and patents are different types of intellectual property. It is important to know the differences between them in developing a protection strategy. What is a Copyright? A copyright is a type of intellectual property that protects original creative works. A copyright owner has the exclusive right to reproduce, adapt, publish, perform, and display the original works, as well …
How to Avoid Trademark Infringement
A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is important to understand what constitutes trademark infringement to know how to avoid it and take proactive steps to prevent it. What is Considered Trademark Infringement? …
How to File a UDRP Complaint
Who Can File a UDRP Complaint? A Uniform Domain Name Dispute Resolution Policy (UDRP) complaint may be filed by a trademark owner who is involved in a domain name dispute. A domain name dispute may occur when there has been third-party use of a trademark within a domain name that is identical or confusingly similar to a trademark owner’s mark …
The Scope of Trademark Protection for Word Marks vs. Logos
It is a common misconception that applying for trademark protection for a logo (referred to as a stylized mark) also provides full protection for any text contained in the logo. While there is some protection for the text contained in a logo, there are some limitations. An application for a stylized trademark provides protection for the design elements as well …
