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Channel: Trademark Law | Blog for Business Law
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Inherently Confusing: Bikes and Trademarks (Part 1)

What We Learned From the Specialized Trademark Incident… Part 1 – Always Investigate the Infringer’s Military Service History People always complain: Why must everything in the law be so uncertain?...

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Inherently Confusing: Bikes and Trademarks (Part 2)

What we Learned From the Specialized Trademark Incident Part 2 – Never Miss an Opportunity to Publicly Scold Your Competitor. In my last post, I opened a discussion on the Specialized trademark saga,...

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Inherently Confusing: Bikes and Trademarks (Part 3)

What we Learned From the Specialized Trademark Incident Part 3 – The Internet Determines Whether Marks are Confusingly Similar. In my last post, I followed upon the discussion of the Specialized...

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The Sharp Startup: Why We Don’t Trademark Anything

Clients often ask me: “Can we trademark this?” or “Should we trademark this?” I respond bluntly, but politely: “In the United States, we do not “trademark” anything.” Admittedly, I can be an annoying...

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What Do I Need to Protect My Invention, a Copyright, a Trademark or a Patent?

I often speak with owners of small businesses or start ups that want to protect their new product or ideas from being copied by competitors. Some tell me they would like to copyright their new product...

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Will Your Startup’s Name Lead You To Trademark Litigation?

Let’s start out with a scenario that may be familiar to some of you. You’re starting a new company, or launching a new brand for your existing company. You have everything planned, even down to the...

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Schlafly Brewery Shows How to Make a Sour Blonde: Wins Trademark Dispute...

It is not often that craft beer lovers and ordinary St. Louisans will take interest in a trademark dispute. However, one such case caught the attention of both demographics. In this regard,...

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Inherently Confusing: Bikes and Trademarks (Part 1)

What We Learned From the Specialized Trademark Incident… Part 1 – Always Investigate the Infringer’s Military Service History People always complain: Why must everything in the law be so uncertain?...

View Article


Inherently Confusing: Bikes and Trademarks (Part 2)

What we Learned From the Specialized Trademark Incident Part 2 – Never Miss an Opportunity to Publicly Scold Your Competitor. In my last post, I opened a discussion on the Specialized trademark saga,...

View Article


Inherently Confusing: Bikes and Trademarks (Part 3)

What we Learned From the Specialized Trademark Incident Part 3 – The Internet Determines Whether Marks are Confusingly Similar. In my last post, I followed upon the discussion of the Specialized...

View Article

The Sharp Startup: Why We Don’t Trademark Anything

Clients often ask me: “Can we trademark this?” or “Should we trademark this?” I respond bluntly, but politely: “In the United States, we do not “trademark” anything.” Admittedly, I can be an annoying...

View Article

What Do I Need to Protect My Invention, a Copyright, a Trademark or a Patent?

I often speak with owners of small businesses or start ups that want to protect their new product or ideas from being copied by competitors. Some tell me they would like to copyright their new product...

View Article

Image may be NSFW.
Clik here to view.

Will Your Startup’s Name Lead You To Trademark Litigation?

Let’s start out with a scenario that may be familiar to some of you. You’re starting a new company, or launching a new brand for your existing company. You have everything planned, even down to the...

View Article


Image may be NSFW.
Clik here to view.

Schlafly Brewery Shows How to Make a Sour Blonde: Wins Trademark Dispute...

It is not often that craft beer lovers and ordinary St. Louisans will take interest in a trademark dispute. However, one such case caught the attention of both demographics. In this regard,...

View Article

Someone, Please Tell Me What is an Offensive Trademark!

SUPREME COURT TO DECIDE CONSTITUTIONALITY OF RESTRICTIONS ON REGISTERING DISPARAGING TRADEMARKS In this country, rights to a trademark or service mark can be greatly enhanced by obtaining a...

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NHL Expansion Gives Us A Look Into The Trademark Process

In a previous post in this blog, I wrote about some potential trademark issues that business owners may face while their businesses are in the early stages. When I wrote that article, I was primarily...

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NO SAFE SPACE FROM OFFENSIVE TRADEMARKS! SUPREME COURT RULES LAW PROHIBITING...

Last fall I wrote a post about the pending case, Matal v. Tam, before the United States Supreme Court that had implications for everyone.  The blog dealt with a section of the federal trademark...

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A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet

What’s in a name?  Quite a lot, actually.  Most entrepreneurs are aware that their businesses’ trade name has value as a trademark or service mark and that using someone else’s name could expose them...

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UNITED STATES PATENT AND TRADEMARK OFFICE ADOPTS FEDERAL COURT CLAIM...

On October 10, 2018, the United States Patent and Trademark Office (USPTO) published a Final Rule in the Federal Register, changing the patent claim construction standard used by the Patent Trial and...

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The Ongoing Ambiguity Over Which Inventions Are Patentable And Which Are Not...

On January 7, 2019, the United States Patent and Trademark Office issued new 2019 guidelines on how it will go about determining whether an invention is one which the law allows to be patented.  If you...

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