By Nicholas Wells The cost to register a federal trademark in the United States normally … Read More
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!
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’ […]
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 […]
Recipe Copyright Ownership for Restaurants and Chefs
There are many nuances when it comes to copyright ownership of recipes created by a chef while employed at a restaurant, but there are some simple ways for a restaurant owner to protect recipes created by a chef from copyright issues. The easiest and simplest way is for the chef to sign a written employment […]
Publishing Advances and Writing Commitments
Earlier this month, The Penguin Group, second largest trade book publisher in the world, sued five authors who accepted advances but never produced the promised books. The authors included: Elizabeth Wurtzel, author of Prozac Nation, who signed a $100,000 deal for another book in 2003; Blogger Ana Marie Cox, who signed book deal in 2006; Rebecca […]