Professor Andrew Beckerman-Rodau has recently written in the Yale Journal of Law & Technology that intellectual property protection has expanded beyond its intended, or appropriate, scope. This has resulted in the lines between subject matter (and their corresponding intellectual property)…
I’m in training for Ironman Arizona. Oops, I mean, Ford Ironman Arizona. Er, I mean, the Ford Ironman Arizona Tempe triathlon. I think? I don’t know anymore. Ironman may be most familiar to sane people because of the Timex watch…
This Phoenix Patent Attorney was in Miami for part of the last two weeks, and I couldn’t help but notice the tremendous use of huge billboards. Advertising is colossal in that town, and so trademarks are everywhere. On the way…
DuetsBlog is a consistently well-written, highly-informative blog that is quickly becoming one of my favorites. It features articles that are interesting and helpful, not just rarefied academic discussions on case law. And it is approachable for the attorney and the…
When trademark attorneys talk about registering trademarks (not “trademarking”), they generally mean registering a trademark on the Principal Register. We all aspire to have an application show up here, but sadly, we aren’t always so successful. There is another, seedy,…
Trademark registration applications for non-English words present special challenges. Trademark examination at the USPTO normally considers whether there are similar marks already registered that would prevent the applied-for mark from being registered. Typically, the USPTO considers the look, sound, and…
The law provides for different rights, depending on the subject matter concerned, the evolution of the law through courts and legislative bodies, and practical implications. Some people think that a patent or a trademark gives the owner a right to…
A trademark opposition can be part of the registration application process. Typically, a successful application proceeds through the Trademark Office in a predictable manner: the application is filed, the applicant and examiner communicate and work on the application, and the…
You may have hired a graphic artist or agency to develop your company’s logo. Do you know who owns the rights in it? There are two main types of intellectual property rights that can reside in a logo: copyright and…
Lawyers are famous infamous for saying “no.” Clients rarely want to hear that answer, but part of fulfilling a lawyer’s obligations sometimes requires it. When I was a kid, I played with G.I.Joes. I recently delved into the recesses of…