Without a doubt, I get close to two or three calls/emails a week from clients telling me that they received something in the mail telling them that they have to pay a fee in order to keep their trademark registration alive, to renew their trademark registration or, my personal favorite, to “monitor” their trademark application. […]
Widerman Malek Law Blog
5 Benefits of a Trademark and Why You Need One to Protect Your Intellectual Property
Trademarks are the building blocks for the success of a new company. There are numerous reasons why a company or an individual needs to secure a trademark, including: 1. Brand Protection The public identifies a trademark and then separates the products and services from the other products and services in that field, creating brand recognition […]
How to Mitigate Intellectual Property Infringement
When it comes to Intellectual Property, it is essential to consider your options and legal protection. There are many ways individuals can intentionally or unintentionally interfere with your Intellectual Property. Helpful hints to avoid interference by others: Have a Trademark registered for your desired brand’s name, logo, or design to ensure they are secured and […]
Five Classic Examples of Trademarks
What is a trademark? “A trademark can be any word, phrase, symbol, design, or a combination of these that identifies your goods or services.” A trademark is how customers recognize you in the marketplace and distinguish you from your competitors. There are many different types of marks that can function as a trademark. It could […]
Why OSU Could Not Get a Trademark for THE
As college football fans welcomed back the return of another season, there has been much to celebrate. The time-honored traditions of Saturdays spent tailgating or cheering in front of the television give us all something to get excited for. But one group of Buckeye fans got some bad news near the start of the season. […]
NFL and College Football Trademarks – Part 2
Many years ago, I wrote an article about using NFL trademarks, which can be found here. As a result of that article, and despite the advice in it, I continue to get many questions asking if an NFL logo can be used to sell something. Everything Except the Logo? Some people try to get crafty […]
Atlas Van Lines Fights for Its Brand and Prevails in Trademark Infringement Case
Atlas Van Lines, an international transportation and logistics company, has been operating as “Atlas” since 1948. The company includes hundreds of agents across the United States and is a well-established brand throughout the country. In 2017, Atlas Van Lines discovered their registered trademarks, including “Atlas” and “Atlas Logistics,” were being used to advertise the services […]
KARDASHIAN TRADEMARK DISPUTE HEADED TO THE US SUPREME COURT?
The Kardashians are involved in a trademark dispute that may be decided by the US Supreme Court. Kroma Makeup EU, LLC (“Kroma EU”) sued the Kardashians in 2014 over the Kardashians beauty products line, “Khroma Beauty”. Kroma EU was granted a license in October 2012 to import, sell and distribute “Kroma” branded beauty products in […]
Supreme Court Decides “The Most Significant Unresolved Legal Issue in Trademark Licensing”
I previously wrote about the issue of what happens to a trademark license when the brand owner goes bankrupt. The Supreme Court’s decision seems to be good news for trademark licensees and bad news for trademark licensors. On May 20, 2019, an 8-1 Supreme Court ruled that a bankrupt company’s decision to “reject” an existing […]
Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees
The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]
