Posts Tagged ‘Trademark’
Here’s What’s New in Trademark and Branding Law
Once again it’s time for our annual recap and look ahead regarding what’s new in trademark and branding law, and significant developments in intellectual property and entertainment law. Following a busy 2023 for the Supreme Court, Vidal v. Elster[1] was its only trademark opinion in 2024. As noted in our recent Law360 piece[2], this case…
Read MoreBrand Protection for Mature Companies
Congratulations! Your company has become a success. You have already proven out the basic elements of your company and are able to scale and implement this into different markets. You imagine this company will be a cash cow for years to come. Doesn’t this make your company ripe for copying? Using similar names is one…
Read MoreTrademark 101: How to Protect Your Brand
Trademark is the area of law that helps companies protect their brands. “Trademark” is a great word for a lawyer, but I prefer to speak to the masses. I call this brand protection law. Did you know that this area of the law came from medieval guilds and ancient ranchers? Guilds assigned makers’ marks to…
Read MoreRecent Developments in Trademark and Branding Law
Dancing into the new year, it’s now time for our annual recap and look ahead, covering recent developments in trademark, copyright, media/entertainment, and branding law. 2023 started off with web 3.0 and the metaverse being all the rage. NFTs were leading the charge with the Hermès v. Rothschild opinion rendered just a few weeks later…
Read MoreWhat Is a Trademark Opposition and How Can My Business Avoid One?
A trademark opposition is a type of litigation proceeding at the Trademark Trial and Appeal Board (TTAB) where a third party can object to your application before it is granted a registration. Essentially, when someone files an opposition against your application, they are telling the United States Patent and Trademark Office (USPTO) that they would…
Read MoreFOOD FOR THOUGHT: A RECIPE FOR SAFEGUARDING CULINARY CREATIONS
Interested in protecting that long-cherished family favorite? Or perhaps you’re a chef or restaurateur interested in preserving commercial advantage against potential competitors and former employees? Protection of food products serves as a valuable case study for comparing and contrasting various IP strategies. So take a seat as we present an extensive menu of options. Patent As explained…
Read MoreHow To Avoid Trademark Infringements And Disputes
When a business ends up with a trademark infringement case, it can be a disruptive ordeal. The key to avoiding such circumstances is to steer through the brand landscape with knowledge and avoid actions that might bring further upheavals to daily operations. Understanding trademarks is a crucial first step. Generally, a business connects signs to…
Read MorePatent Branding: Exploring Other Forms of IP Protection
Businesses typically rely on trademark or even copyright to protect their valuable branding assets. However, an effective branding strategy also employs the exclusivity of both design and utility patent protection whenever its available, effectively keeping potential competitors out of the marketplace, regardless of brand name. Illustrating this concept in greater detail are the case studies…
Read MoreOntario Business Registry: 6 Best Tips To Do It Right
When you start a business, one of the first few things you must do is enlist your establishment into your local business registry. By doing so, you’re essentially establishing your business as a reliable entity for customers, suppliers, and job seekers. It also allows you to fully market your brand not just in your locality…
Read MoreExpanding Branding: Exploring Other Forms Of Trademark Protection
One key Branding Law strategy involves stretching the boundaries of traditional trademark principles for registering important business assets. As a companion piece to our discussion of non-standard copyrights from a few months back, the following is a brief survey of some lesser-known types of trademarks that could be available for protecting certain brand attributes as…
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