Category

Trademarks
Secondary Meaning
Secondary Meaning – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act as trademarks. For example, one could not get a trademark on the term “FRIED CHICKEN” – because the term simply describes an entire class of product.  If that was the end...
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Three Intellectual Property Protections
Three Intellectual Property Protections – Navigating Different IP Protections Three Intellectual Property Protections – You now have a business and with it, a whole lot of ideas on how to brand it, market it, and make big waves in the industry. But how do you navigate the different types of intellectual property regimes to go...
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Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery
Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery Imitation is the sincerest form of flattery.  Good artists borrow; great artists steal.  Nowhere are these old adages more apt than the hidden focus groups and team meetings of the fashion industry.  What’s trendy this season is often only good for the clearance rack...
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Supplemental Register & Your Descriptive Mark
Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient,...
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Degree of Protection & The Spectrum of Distinctiveness
Degree of Protection & Spectrum of Distinctiveness Degree of Protection & Spectrum of Distinctiveness – So, you’ve got a mark in mind that you want to register, what do you do next? Find a trademark attorney, but before you do that, it’s important to understand how much protection your mark may receive or if it...
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Federal Trademark Registration Benefits
Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even know why there are trademark registration benefits and how important those benefits are. Those folks who aren’t on the train question whether they should be on it. For owners of small...
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