How to Choose a Product Name – Most Common Mistakes

Many businesses struggle when choosing a new brand for their product or service.  Over the years, I’ve identified a number of frequently repeated mistakes I’ve seen companies make in the brand selection process.  You can download and/or listen to them in my new podcast.  I hope you find it helpful.

ICANN Unveils New Trademark Clearinghouse

ICANN recently revealed information about the new trademark clearinghouse that will be used to help trademark owners protect their brands in connection with the pending introduction of new generic Top-Level Domains (gTLDs).  Here is a nutshell summary of what you need to know: When Does it Start? The trademark clearinghouse is slated to open its […]

“When you assume, you make an …” :
Echoes From Oscar Wilde In Luster Products, Inc. v. John M. Van Zandt d/b/a Vanza USA, Opposition No. 91202788 (TTAB 11/28/2012)

A recent decision by the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“TTAB”), in an opposition proceeding captioned Luster Products, Inc. v. John M. Van Zandt, reminds us of the age old Oscar Wilde adage warning us of dangers in making assumptions.  In a precedential decision, the TTAB shot down the […]

Evolutionism vs. Creationism Battle Over Trademark Rights

In a trademark battle reminiscent of the famous 1925 battle between Williams Jennings Bryan and Clarence Darrow, ScienceFriday, Inc., owner of an NPR science based radio show called SCIENCE FRIDAY, has filed suit against  the Bob Enyart and Fred Williams operators of creationist website and radio show operated under the brand REAL SCIENCE FRIDAY. According […]

They’re Using My Trademark On Their Out-Of-State Website, Can I Sue Them In My State?

Trying to figure out whether a suit can be brought in one’s home state can be a key factor in whether a company has the resources or the will to bring a case at all.  Obtaining jurisdiction in one’s home state can also often be a substantial factor influencing the outcome of the case and, […]

New Years Solicitations – Creative Marketing or Deceptive Advertising?

With the start of the new year, it’s time for trademark owners again to be on guard against solicitations and advertisements that may appear to be “official” or look like invoices.  It is prudent to warn your bookkeeping departments to be alert to these types of solicitations and not mistake them for invoices.  Please post […]

When Can You Go To Court Naked?

Apparently, if you are a trademark licensee it is okay to be naked in the Third Circuit Court of Appeals, but only if you’ve gone bankrupt. Not physically naked, but legally naked … no problem. :-> I’m being sarcastic, of course, but I was rereading In re Exide, 607 F.3d 975 (June 1, 2010) the […]

Keyword Advertising Still at Issue in EU

The European Court of Justice (EJC) decided a new keyword advertising case last Thursday involving two competitors use of Google’s Adword advertising. As it seems with all keyword cases, the result will seem shocking to some and perfectly appropriate to others.

A New Defense for Brand Owners Against Unwanted Key-Word Advertising

Just came back from the International Trademark Association (INTA) annual meeting in Boston. Being on the Key-word Advertising Working Group of the Internet Committee, I spent quite a bit of time talking to colleagues from around the world about issues surrounding key-word advertising. From these discussions (and some recent developments in the law), it dawned […]

Thanksgiving is Dead

That’s right. You read it correctly. According to the U.S. Patent & Trademark Office, Thanksgiving is listed as dead. Officially, it is listed as having died three days before Christmas in 1988. On December 22, 1998, the THANKSGIVING trademark officially died after Alterman Foods, Inc. had failed to file a Section 8 affidavit continuing the […]

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