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 […]
Widerman Malek Law Blog
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 […]
USPTO issues new rule requiring foreign-domiciled trademark applicants and registrants to have a U.S.-licensed attorney
The new rule applies to any foreign-domiciled trademark applicants, registrants and parties whose permanent legal residence or principal place of business is outside of the United States. These parties will be required to have a U.S.-licensed attorney represent them before the USPTO in trademark matters. The new rule will be effective August 3, 2019. “Businesses […]
High Court Strikes Down Offensive Trademarks Ban
The U.S. Supreme Court ruled Monday, June 24, 2019 that a federal ban on the registration of “scandalous” trademarks such as “Fuct” violates the First Amendment. This comes less than two years after striking down a similar rule against marks deemed “offensive”. In a 6-3 vote, justices said the provision was an unconstitutional form of […]
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 […]
