galvanilegal blog on twitter
I’ve now linked this blog to twitter. I’ll be sending out periodic updates from my blog on patent, trademark, and copyright news and tips.
Why register a federal trademark?
A trademark registered with the federal government carries a number of advantages over one that has not been registered. First, only federally registered trademarks can be enforced in federal court – so if someone is using your mark illegally, you…
TMZ and the Right of Publicity
A podcast I listen to was ranting about the worthlessness of TMZ and wondering how TMZ can publish pictures of celebrities without their approval. The host’s point was that celebrities make their money on their image and would be compensated…
Patent Reform Act of 2009
Have an invention you want to patent, or are you about to file a patent application? Change may be in the works at the USPTO. Today, the Senate reached a “tentative agreement” over a patent reform bill that has been…
Vermonster v. Monster
I posted an article a little while ago about the power of social networking in a pre-litigation scenario. Beernews.org put out an article about a cease-and-desist letter that Hansen, owner of the MONSTER trademark, sent small-town Rock Art Brewery, concerning…
Error in MPEP 2141
The online version of MPEP 2141 states, in Section II: The factual inquiries enunciated by the Court [in Graham] are as follows: (A) Ascertaining the differences between the claimed invention and the prior art; and (B) Ascertaining the differences between…
The Fraud Standard – In re Bose Corp.
Bose isn’t a newly issued case, but I just went to a seminar on it and the fraud standards in trademark and patent matters, so I thought I’d report on it here. Bose opposed the registration of HEXAWAVE, and Hexawave…
Forgot to Register a Trademark? You’re not without Recourse
I almost always recommend businesses register their trademarks federally; doing so provides many advantages over relying on common law trademark protection. However, it sometimes happens that a mark or a logo slips through and a competitor begins diverting trade by…
Pictures not Required on Website for Proof of Trademark Use
2009-1140 In re Michael Sones, opinion by Linn with a dissent by Newman. Michael Sones filed an intent-to-use application for the mark ONE NATION UNDER GOD for charity bracelets. The website where he sold the bracelets initially had no picture…
Why Should I File a Provisional Application?
I’ve been getting questions about provisional applications lately, so I thought it was worth a post. There are a number of ways in which the decision to file a provisional application is significantly different from a patent application. First, a…