Any business owner looking to distinguish themselves would be wise to protect the elements that set them apart. This can be possible through trademarking any word, symbol, design or phrase your company uses to identify itself in the marketplace. However, owners must...
Trademark
Attorneys’ fees awards in trademark cases
Appellate court lowers the bar When most people think about what it takes to qualify as “exceptional,” they probably imagine a fairly high bar. That’s not how the U.S. Court of Appeals for the Seventh Circuit sees it, though — at least when it comes to the standard...
Dealing with trademark squatters
Imagine you are a business owner with a new product you are developing. You know how to make it, what it will cost and where you will sell it. Just about all that you have left to do is to name it and start working on marketing. Unfortunately, someone has already...
IP and social media: trademarks, hashtags and handles
If you are starting a business, prepare to leverage social media to at least some extent in the promotion of your company. Whether you make ads to run on Facebook or define your company's persona through clever tweets, social media provides unique and valuable...
Preparing for international trademark disputes
The protection of a trademark can be essential to the success of any company. That protection continues to be necessary as a business expands operations to other countries. However, legal complications can arise when it comes to protecting intellectual property...
How long does the trademark process take?
Getting a product or service to market is a complicated process with many moving parts. Filing for trademark protection is one of those “parts” that ensures certain legal protections for the names and brand elements associated with your product or service. Securing...
No harm, no foul
Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge...
Expanding internationally? Beware of trademark trolls
Taking your business to the global market is a major opportunity. It also requires extensive work in terms of developing systems that work in foreign countries, possibly reshaping messages to attract an international audience and ensuring your business complies with...
Tips for using a trademark properly and consistently
If you have trademarked material, you want to be sure that you use it effectively and properly. Failure to do so could lead to confusion, misuse or even loss of protection. Two of the most important elements of using your trademark are consistency and accuracy....
Actual consumer confusion irrelevant in trademark profits determination
It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” The U.S. Court of Appeals for the Second Circuit has...