Business owners often assume a trademark is a trademark, file it locally or file it with the federal government, and the result is basically the same. In reality, the two systems operate very differently, and the type of protection you choose can affect where you can expand, how strongly you […]
When most people think of trademark infringement, they think of knockoffs like fake Rolex® watches or dubious Louis Vuitton® bags sold by street vendors. In these cases, a junior user comes along and tries to profit from the goodwill of a well-known senior user, either through outright deception or by […]
When Restaurant Names Conflict With Packaged Food and Beverage Brands Restaurant owners often assume that if another company is selling packaged food or beverages under a similar name, there must automatically be a trademark conflict. The reality is more nuanced. When a restaurant name collides with a packaged product brand, […]
Legal Risks of Cuban-Inspired Cigar Brand Names Kennedy, Clinton, Schwarzenegger, Jordan, Jay-Z . . . the fascination with Cuban cigars goes back generations and doesn’t seem to fade. No amount of embargo regulation has changed that. In fact, the embargo itself may be what keeps the mystique alive, even as […]
The territorial limits of trademark rights are an issue faced in every industry, but few industries face this issue more acutely than the restaurant and hospitality industry due to the ubiquity of restaurants and the typically local nature of the services offered (most of us aren’t flying across the country […]
Every tobacco industry player (and tobacco consumer) has seen them: brands with flavor names like “honey berry” or “white grape.” These are staples of the tobacco industry and can be the backbone of a brand hedging against limited offerings that can often be high risk but high reward seasonal product […]
You’ve spent years building your business. You’ve invested your time, effort, energy, and money into developing something that will provide for you and your family, not to mention for your employees and their families. You’re proud of what you’ve accomplished. It’s yours and you made it. And then one day […]
If you have ever searched for trademark rights, you have probably come across the term “common law rights” or “common law trademarks.” Before diving into how these rights work, it is helpful to start with the definition of a trademark. A trademark is a word, phrase, symbol, design, or a […]
Fair use is an exception to the limited monopoly created by most intellectual property rights, including trademarks and copyrights. This post focuses on how fair use applies to trademarks. A follow-up article will address copyright fair use. If you are unsure which applies to your situation, you may also find […]
While it is true that almost anything can be protected as a trademark, the context around its use makes a big difference. Choosing a trademark carefully is important to avoid pitfalls and to support the long-term growth and strength of a brand. Generic vs. Distinctive Terms A classic example of […]