Trademark

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, 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 […]

How To Obtain A Software Patent

Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]

35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]

The Purpose of Trademarks

Trademarks can serve multiple purposes and they can vary according to the company and what their overall intention is. There are two main purposes that a trademark serves. One is distinguishing and identifying services or goods that a seller or manufacturer sells or is sold by other companies or sellers. The second is to give […]

Basic Definitions of Terms in a Licensing Agreement

Many people believe that they understand certain words when in legal documents they could be used in another manner. Understanding legal definitions has been the downfall of several documents as many parties will sign them and believe that they understand entirely. With a licensing agreement, that could be a very costly mistake. Many who create […]

The Hype-Wipe trademark lawsuit

Companies and individuals who invent a product or brand are understandably protective of their invention. To see how far a company will go to protect its brand name is evident in a trademark lawsuit from June of 2014.  It involves an innovative 12 year old and a dirty cell phone screen. While most 12 year […]

The fight over the Wizard of Oz

The Wizard of Oz is one of the most well-known stories around.  Dorothy and Toto are known to many generations throughout the world.  It’s difficult to imagine, but The Wizard of Oz was once the center of a trademark battle in court. The story “The Wonderful Wizard of OZ” was written by L. Frank Baum […]

Shredded Wheat by Any Other Name…

The argument over intellectual property rights has been around for a long time. There is a quote from Thomas Jefferson where he talks about those who receive ideas from him are receiving a lesson. He says that it doesn’t diminish his idea. He likens it to someone lighting a candle from the light of his […]

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