Intellectual Property

Over the past couple of months, I have assisted a few clients in dealing with trademark cease and desist letters. A cease-and-desist letter is just like it sounds, a demand by a trademark owner to another business to stop using their trademark. Often these letters...

Congratulations! You got your trademark registered with the US PTO. You have an officially registered trademark blessed by the United States government. If you think that was the hard part, it is not. Now comes the hard part of policing, protecting, and maintaining your trademark. Let’s...

Filing an application for a trademark registration with the United States Patent & Trademark Office is surprisingly easy in terms of the actual process itself if you are prepared with your materials. There are services out there that will help you file a trademark registration...

Companies who are looking to build a brand should also be thinking about trademarks and how to create a strong trademark. When I am consulted as an attorney, I am often asked about what goes into a strong trademark. So before launching into what a...

I am a big fan of The Slants, not just their music, but their crusade against the U.S. Patent & Trademark Office. The Slants had a gig as the Supreme Court of the United States last week. Well, their lawyers did, even if the band...

Here is my Laywer Live video for this week, where I discuss some of the considerations and hints for creating a good trademark. Like all marketing and branding exercises, you need to do some good market research so that you can know what your competition...

For new start-up companies or small business, establishing a brand is necessary. Establishing a brand takes time, effort, and probably a bit of money. But when it comes to establishing a brand that may be trademarked, it is vitally important to consider whether your potential...

Love 'em or hate 'em, hashtags are here to stay. The pound sign has become an ever-present feature of social media and has begun to creep into brand identities. Hashtags are also creeping into the Trademark Office as requests for trademark registration. A quick search...

In a strong opinion, the United States Court of Appeals for the Second Circuit ruled that the Google Books project enjoys fair use protection of it work under the Copyright Action Sec. 107.  You can read the opinion here (pdf). The Court's opinion, drafted by Judge Pierre...

The past couple of weeks in the music business have been abuzz with significant rulings related to music copyrights. "Happy Birthday" Copyrights Invalid Last week, a federal judge in Los Angeles declared all the copyrights on "Happy Birthday" are invalid. The lengthy court opinion can be found...