The Ironman trademark (the second link is to one of the many Ironman registrations) is an extremely valuable trademark to the World Triathlon Corporation. The WTC works to protect its unauthorized use (though sometimes I do question their authorized use)….
An assignment can be filed with a patent application to immediately convey control of the patent application to the assignee. This is frequently necessary where the inventor is an employee of a company that will be controlling the patent application….
Before the end of last year, I wrote about obtaining trademark protection in a series of works. I used books as an example: while you normally cannot register the title of a single book, when you develop a series of…
I received my latest bit of trademark happenings from this weekend’s Saturday Night Live Weekend Update, not a colleague’s blog. Skee-Ball, Inc., the owner of Skee-ball games filed suit against a company that runs Skee-ball tournaments under the moniker “Brewksee-Ball.”…
Trademark rights in a book title are not ordinarily available. Trademark protection doesn’t extend to titles of single pieces. Even massive sales of a single work cannot create the necessary source-indicating quality that a trademark requires. So if your book…
I hear too many people saying, “I’ve got this great idea. If I could just get it patented, I’d make a million dollars.” A patent isn’t a ticket into a life of luxury. It doesn’t mean squat if you don’t…
An invention must be of the appropriate subject matter to be eligible for a patent. Appropriate subject matter includes, by statutory definition, a machine, article of manufacture, composition of matter, or process. For most inventions, the determination regarding whether the…
When an Section 1(b) intent-to-use trademark application receives a Notice of Allowance, the applicant has six months to file an acceptable statement of use to prove that the applied-for mark is being used in commerce. Applicants that fail to file…
I was in Santorini a few months ago and saw this sign. Clients frequently have trade dress aspects of their business that are worthy of protection, but they aren’t sure about how to advertise them. This sign illustrates a classic…
I saw on TV the other day the perfect gift for your favorite trademark attorney or advertising executive. Test their subject matter knowledge with the LOGO board game. Spin Master, a Canadian company, has developed a game tapping into the marketing…