Pinterest, the latest thing in social networking sites, could potentially pose major legal problems for individuals or businesses using this service. With the tremendous growth Pinterest has seen since its inception in 2010 (as of February 2013 the site had over 48 million users), it is just a matter of time before some companies may […]
Entrepreneurs who are starting up their own businesses should be careful in protecting their IP inventions from former employees. They should not take for granted that the IP work they create off company hours is theirs to keep. Employers may be able to stake a claim in ownership. Here are five ways employers can claim […]
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 vocation. […]
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 seat […]
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist to […]
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is there a way you can use the mark without getting yourself into trouble? The answer is yes! You need a trademark license. A trademark license is a permit to use another’s mark. It gives you […]
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. […]
