By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that seems to give people trouble. The Lanham Act offers some help to distinguish the terms. By definition, a “trade name” is any name used by a person to identify his or her business or […]
For over four years our economy has lay dormant in the gutter. Jobs are scarce and the few that are available offer low paying salaries with lousy company benefits. We keep hearing the golden age ended. No more pensions, plush company outings and other employee perks that were once taken for granted, shall […]
In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms. In the United States, geographic terms can be registered and protected as trademarks identifying a single commercial source if certain conditions are met. Geographic terms have traditionally been very important in identifying the […]
Do movie makers need to obtain permission to use all brand products in their movies? The answer is no, but it is recommended. The rule is a product can be used within a movie without permission as long as the product is being used as was intended by the manufacturers without negatively defaming the […]
By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter. The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that […]
We are back on the topic of eminent domain. This time we take a look at floating homes and maritime laws. Last Tuesday on January 15th, the U.S. Supreme Court ended the dispute on whether a floating home should be classified as a vessel and subject to maritime laws or whether it should […]
In 1959, Volvo came out with the three-point seat belt, a seat belt designed by Swedish Engineer Nils Bohlin. Bohlin wanted to design a seat belt that could prevent whiplash and deaths. His design is considered an industrial design which was patented as such in 1962. Seven years later Volvo decided to offer Bohlin’s […]
Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention. You ask your patent attorney to help you stop the infringing behavior. Your attorney (hopefully) responds by recommending an infringement analysis. You may think, “Analysis?!? What’s to think about? I just want to […]
