Understanding the Use of Copyrights and Trademarks by Politicians and Political Campaigns

From a Congressional campaign in Michigan to the mayoral race in New York City and even all the way to the Presidency, this election cycle has highlighted a long history of tensions between politicians, political campaigns, and intellectual property rights owners. For artists and business owners, navigating a charged political landscape while safeguarding their intellectual property assets can be complex …

Labubu

Labubu Toys: When Viral Toys Meet IP Law

Viral success can create tremendous growth opportunities for a business. When a product suddenly captures widespread attention and gets shared across social media and other channels, it can lead to spikes in sales and revenue, brand recognition, free advertising, and media coverage. Having an IP protection and enforcement plan in place can help a business translate this viral success into …

No Goodwill, No Trademark: Why Brand Value Cannot Be Separated from Business Operations

When a business changes hands, its trademarks may also be transferred. However, a trademark does not properly change hands unless the goodwill associated with the trademark is also transferred. This does not happen automatically, and trademark owners must take proper steps to ensure that ownership of the trademark has properly transferred to the new trademark owner and is not deemed …

Hashtags and Trademark Rights

The use of hashtags in social media has gained tremendous popularity as a marketing and advertising tool. Business owners can now gain trademark rights and possibly even a registration for their hashtag.Like all intellectual property, trademarks, including some hashtags, are extremely valuable assets in a business. To protect them, it is important to know how to use and safeguard these …

IP-Backed Financing

IP-Backed Financing: Leveraging Intellectual Property as Collateral

Intellectual property can be one of the most valuable assets on a company’s balance sheet. IP-backed financing enables companies to leverage their intellectual property as collateral to secure capital while retaining ownership and control of their assets. What is IP-Backed Financing? IP-backed financing refers to lending arrangements where intellectual property assets—including patents, trademarks, and other IP rights—serve as collateral for …

How to Use UDRP to Combat Cybersquatting

Cybersquatting involves the registration, use, or sale of a domain name that is identical or confusingly similar to an existing trademark with the intention of profiting from it. Well-known trademarks and companies are frequently targeted by cybersquatters, requiring businesses to incur increased costs to monitor and enforce their trademark rights. A UDRP proceeding can be a cost-efficient and effective method …

Trademark clearance search

A Guide to Comprehensive Trademark Clearance Searches

For businesses looking to protect their brand, a trademark clearance search is a crucial first step in the registration process. A comprehensive trademark clearance search is more than a simple database lookup — it is a in-depth investigation that can save a business from costly legal disputes and potential rebranding. What Is a Comprehensive Clearance Search? A comprehensive clearance search …

Trademark cancellation

What is the Burden of Proof for Trademark Cancellation?

Trademark cancellation proceedings are initiated by parties who believe they will be or are harmed by the continued registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. A trademark cancellation proceeding permits a party to file a petition to cancel an existing third-party trademark registration. A trademark registration may be canceled …

USPTO Government Fee Increases in January 2025: What You Need to Know

The USPTO will increase certain trademark government fees starting on January 18, 2025, and certain patent government fees on January 19, 2025. Below are some of the most common situations in which you may be affected by the fee increases. This is not an exhaustive list of the fee increases and new fees. Trademark Fee Increases All new applications filed …