TriVita Loses on NOPALEA Trademark

TriVita Loses on NOPALEA Trademark

My colleague, patent attorney Ken Horton, has written a guest post and offered to share it on my blog.  Ken writes: The Court of Appeals for the Federal Circuit (CAFC) recently issued a trademark ruling relevant to many Utah companies that sell nutritional supplements.  In re TriVita, Inc., 2014-1383 (Fed. Cir. 2015).  In this decision, the […]

Weird and Unexpected Trademarks

In the weird and wonderful world of trademarks, lawyers are used too receiving odd requests for trademarks applications and advice.  But occasionally the more experienced law firms—places like Kirton McConkie in Salt Lake City and Baron Warren Redfern in London, both of which deal with trademark prosecution and trademark infringements—receive requests to assist with truly […]

Replacing ICANN: A Radical Proposal

Replacing ICANN: A Radical Proposal

It’s finally happening.  The generic top level domains (gTLDs) are here.  You can reserve your domain name under .company, or .shopping, or .london, or .food, or .university, or dozens of others, each managed by a private entity that has jumped through the necessary hoops and paid the ($100K+) fees. If you’ve been following this saga […]

Kane on Trademarks–Book Review

Kane on Trademarks–Book Review

UPDATE:  PLI has provided a 20% discount for Kane on Trademark Law for readers of my blog.  Just use this link: www.pli.edu/WellsTrademark I work in several areas of law—copyright, social media, technology agreements, advertising and promotions—but at the moment, I spend the largest part of my day working on trademark matters.  If you’re familiar with […]

Michael Jordan Doesn’t Need Your Help, Thanks

If you use the name of a famous person in your advertisement, do you need that person’s permission?  What if it’s a news story instead of an advertisement?  What if it’s a “congratulatory” message that seems to fall between these two?  The U.S. Court of Appeals for the Seventh Circuit has just issued a ruling […]

Social Media and the Law: Book Review

UPDATE:  PLI will give a 20% discount to anyone buying Social Media and the Law through this link. Thanks for reading! Social Media started as a technology niche but has now become a part of everyone’s lives.  Understanding its impact on business development, customer relationships, and product placement—among other issues—is critical for any business that […]

Brand Protection in China: Don’t Wait!

Brand Protection in China: Don’t Wait!

The third best-selling sedan in California right now is not Lexus or BMW or Mercedes. It’s an electric car called Tesla.  But Tesla was not in the news last month because of its record sales.  It was in the news because its expansion plans in China were held back by trademark problems. A man in […]

Legal Discipline and LegalZoom

A few months ago, the U.S. Patent and Trademark Office dealt with a disciplinary case where a person ran an “inventor’s network” and handled more than 150 patent applications, even though he was not a registered patent attorney. Although the bar to becoming a registered patent attorney is high, the USPTO has very rarely gone […]

When Superman Sues You

Can Super Heroes Be Trademarked? A recent piece at the Guardian discusses the efforts of comics creator Ray Felix to resolve a dispute with Marvel Comics and DC Comics about his comic title A World Without Superheroes.  The issue may shock you:  SUPER HEROES is a registered trademark in the US for comics, so Felix’ […]