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Recent Posts
March 28, 2024
Don’t Ask Your Lawyer for a “Standard Agreement”
March 26, 2024
Visual Signatures: Trade Dress Law for Brand Protection
March 20, 2024
USPTO Inventorship Guidelines for AI-Assisted Inventions
This is not legal advice, please see Disclaimer.
June 7th, 2023
New Upcoming Supreme Court Trademark Case
On June 5th, the Supreme Court granted certiorari in Vidal v. Elster, No. 22-704, to address the constitutionality of a…
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August 14th, 2018
Follow these Simple Guidelines to Strengthen your Trademark Rights
In this day and age of heightened brand awareness, here are some basic principles to consider to help establish and…
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July 12th, 2018
Intent-to-use Trademark Applications: Make Sure your Intent is ‘Bona Fide’
So you are thinking of starting a new business, and you have come up with the perfect name. Or, maybe…
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July 3rd, 2018
Neglecting Your Trademark Protection – Penny Wise and Whopper® Foolish
On Charleston Ave., in the small town of Matoon, Illinois sits a Burger King. You won’t be able to order…
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April 3rd, 2018
Hashtags vs. Trademarks – Does it Really Matter?
The use of social media is soaring, and people are increasingly using #hashtags. As most people know, a hashtag is…
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December 28th, 2017
The Curious Case of Comic Con; Or is it Comic-Con?
On Friday, December 8, 2017, a jury in San Diego, California found that Salt Lake Comic Con infringed the trademark…
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December 13th, 2017
Do I Need to Register My Trademark?
“Do I need to register the trademarks I use for my products or services?” This question is asked by many…
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November 20th, 2017
Understanding Some of the Benefits and Risks of Intent-to-Use Trademark Applications in the USPTO
INTRODUCTION The United States Patent and Trademark Office (USPTO) employs a system that is unique in requiring both: (1) trademark…
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June 13th, 2017
Charging Bull v. Fearless Girl: A Brief Overview
On March 7, 2017, “Fearless Girl” was installed opposite “Charging Bull” in New York City’s financial district.[1] Fearless Girl’s message…
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January 19th, 2016
In re Tam: Federal Circuit Rules That First Amendment Requires Federal Government To Allow Registration of Disparaging Trademarks
On December 22, 2015, the en banc Federal Circuit ruled 9-3 in In re Tam that the statute barring federal…
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April 8th, 2015
Supreme Court Rules That Trademark Opposition Decisions by TTAB Can Provide Basis For Issue Preclusion in Federal Court
On March 24, 2015, the Supreme Court delivered its ruling in B & B Hardware, Inc. v. Hargis Industries, Inc. …
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January 29th, 2015
Hana Financial v. Hana Bank: Supreme Court Holds That Trademark “Tacking” Is A Question For Juries
On January 21, 2015, the Supreme Court issued its decision in Hana Financial, Inc. v. Hana Bank, in which the…
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