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’ […]
Three Reasons Why You Should Be Careful Using Crowdfunding
Crowdfunding can be great. Kickstarter, Indiegogo and dozens of others can get donors signed on to your projects and help you create the Next Big Thing. But before you rush to post your idea and start collecting quarters, consider the risks as well. Seth Quest forgot about that part. He just declared bankruptcy because a […]
Eight Reasons Not to Use the Madrid Protocol for Trademark Protection in the United States
Note: I first published this article as the cover story in the Dec/Jan 2013 issue of ITMA Review, a print-only publication from the UK’s Chartered Institute of Trade Mark Attorneys. It was co-authored with Allister McManus of ipconsult. The Madrid Protocol is a tremendous tool for helping your clients secure trademark protection in other […]
The Khroma Brand Name & The Kardashians – Trademark Law at work
Chroma is the Greek word for color, and many entrepreneurs are now sorry that they ever decided to use even a variation of that word in their business names. Since the Kardashian sisters have entered the makeup marketplace with their line of Kardashian Khroma makeup, small cosmetic business owners across the country have begun to […]
Research Shows Lead Position of Wells for U.S. Trademark Prosecution Among Utah Lawyers
We recently completed a round of research showing that, compared to any other attorney in the State of Utah, Nicholas Wells of Wells IP Law, LLC has more than twice as many clients with active United States trademark applications. Among cities of its size in the United States, the Salt Lake City, Utah metropolitan area […]
Eleven Costly Branding Mistakes that U.S. Exporters Make
In 2010, U.S. companies exported more than $1.2 trillion worth of goods and services to every corner of the globe. For most of those companies, a strong brand represents the value behind their goods and services. Sadly, many companies take huge risks with their brand when they export. In the process, they confuse customers and […]
Trademarks and the Madrid Protocol: More Countries Continue to Join
The Madrid Protocol, a treaty that permits streamlined trademark applications in multiple countries, continues to expand. The U.S. joined in 2003 and has seen a strong growth in application both coming into the U.S. from other members and originating in the U.S. Here are a few updates on countries that will soon be active members […]
International Trademarks–New Online Course for Lawyers
I recently finished a one-hour trademark course for Lawline.com. Lawline.com is a Continuing Legal Education site that provides training for attorneys, but you can view free snippets of the full course–divided up by topic–at this URL: http://learn.lawline.com/?cid=1545&title=Benefits-and-Challenges-of-International-Trademark-Registrations. Lawyers who need CLE can register at Lawline.com to see the full course for credit. New York is […]
More international trade, more non-English U.S. trademarks
I’ve been doing some statistical research on how the doctrine of foreign equivalents affects non-U.S.-based companies that want to use their brands in the U.S. An interesting result of my research is this finding: The number of U.S. trademark applications that contain non-English words closely tracks the total volume of U.S. trade with other countries. […]