Trademark

What is the Buzz around Vanity URLs?

Over the past summer Google+ has made a big deal about allowing select members to use vanity URLs.  Google stated, “At first, we’re introducing custom URLs to a limited number of verified profiles and pages. But over time we plan to offer custom URLs to many more brands and individuals, so please stay tuned!” Ok, […]

Trademark Refusal – Likelihood of Confusion

I’ve filed an application with the United States Patent and Trademark Office (USPTO) to register my trademark and I have received correspondence indicating that my registration of my applied for mark had been refused based upon a likelihood of confusion. What does this mean? One of the more popular rejections from the USPTO involves a […]

How Does a Franchise Work?

In 1955, a 65 year old man wearing a white suit to match his white hair and goatee took $105 out his social security to start franchising his fried chicken recipe. Less than ten years later, he had 600 franchisee restaurants selling his famous Kentucky Fried Chicken. This man was the legendary Colonel Harland Sanders. […]

By Mark Warzecha I recently read an article in Rolling Stone with the title, “Jay-Z and Beyoncé lose bid to trademark Blue Ivy.” I thought this was interesting so I researched the US PTO. Contrary to the title of the article, Jay-Z and Beyoncé did not lose their bid trademark “Blue Ivy Carter.”   Actually, their […]

You Cybersquatter! That’s My Domain Name

In the early 1990’s before the dot.com craze, a young entrepreneur named Ray Sozzi started his company Student Advantage.  His company sold student advantage discount membership cards to the higher education market.  In a stroke of genius or good fortune, he decided to secure several domain names for his business.  One of the domain names […]

Proving Trademark Infringement in the Ninth Circuit

To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a valid […]

Trade Dress Your Product

In 1916, a glass bottle manufacturing company in Terre Haute, Indiana won a bottle design contest.  Their contour shaped bottle is today recognized worldwide by billions of consumers and is one of the most recognizable examples of trade dress protection.   The glass bottle company was The Root Glass Company.  The bottle they designed was for […]

Can a Celebrity be More Marketable Dead than Alive?

Have you recently seen the new Dior J’Adore commercial starring Charlize Theron?  Did you happen to notice her co-stars in the commercial?  If so, you may have seen cameo appearances made by Marilyn Monroe, Grace Kelly, and Marlene Dietrich. Isn’t it nice these famous leading ladies were able to come back from the dead to […]

Better Coin that Catchphrase

As a native New Englander, I have been known to say the phrase “wicked awesome” repeatedly when describing an enjoyable moment. This phrase is quite commonly used by New Englanders so it is not very original.  However, if I was a professional athlete I may wish to trademark this catchphrase.  As a famous athlete, this […]

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