Category

Lanham Act
Foreign Trademark Applicants – Breaking Down Section 44: How Foreign Trademark Applicants Can Obtain U.S. Trademark Protection Section 44 of the U.S. Trademark Act, also known as the Lanham Act, provides an important and convenient avenue for foreign trademark owners to apply for trademark registration in the United States. Foreign trademark applicants have two options...
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Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations...
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Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should...
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Understanding Brand Bullies On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a trademark bully, a brand bully is a company that resorts to litigation and uses its trademark rights to harass and intimidate another business without a sound legal basis. These companies often...
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SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....
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Renewing Your Trademark
Renewing Your Trademark-Excusable Non-Use Renewing Your Trademark – Even after you have successfully registered a mark with the US Patent and Trademark Office, you are not done in ensuring your mark stays registered and protected. Your trademark application must be renewed 5-6 years after your first registration in order to maintain that registration. You must...
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Trade Dress Rights - Beyond Words & Logos
Trade Dress Rights – Beyond Words & Logos Trade Dress Rights – Trade dress is a form of intellectual property. Trade dress is the visual element or aesthetics of a product or its packaging. Trade dress can be the visual appearance of a product or packaging that signify the entity behind the product to consumers....
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