Legal News

The Coronavirus pandemic that has swept the globe for the last several months has had many surprising effects, from the widespread implementation of social distancing guidelines and required face coverings in public places to massive spikes in to-go orders and carryout services from local restaurants and grocery stores. The pandemic has also wreaked havoc on the nation’s economy, resulting in millions of lost jobs, a jump in claims for unemployment benefits all over the country, and uncertainty about the nation’s economic future in the years to come. However, one of the unexpected results of the Coronavirus pandemic is the recent spike in trademark applications. Who Is Trademarking Right Now, and What Are They Trying to Trademark? The United States Patent and Trademark Office (USPTO) has reported a massive influx of COVID-19 and Coronavirus-themed trademark applications, mostly for slogans. The Copyright Office has also reported a significant increase in copyright [...]

Former New England Patriots quarterback Tom Brady recently signed with the Tampa Bay Buccaneers. After 20 seasons with the New England Patriots, the news comes as a shock to many football fans. The change is also going to lead to some interesting new trademarks. Tampa Bay wide receiver Chris Godwin even switched his jersey number to 14 so newcomer Brady could keep his signature number 12. Professional athletes typically establish corporate entities that allow them to more easily manage trademarks related to their professional careers, likenesses, and merchandising efforts. TEB Capital Management, Inc. is Tom Brady’s corporate entity, which recently filed two new trademark applications for the phrases “Tampa Brady” and “Tompa Bay.”  Tom Brady has also successfully obtained trademarks for “TB12,” which he uses on a wide variety of merchandise centered around the athlete’s professional football career. What Do Tom Brady’s New Trademarks Mean? Tom Brady’s newest trademarks [...]

3D (three-dimensional) printing technology began in the 1980s, however, the increase and advancement of technology has allowed consumers the ability to access low cost 3D high-performance printers. With great technology comes great challenges to existing laws that never could have anticipated the future impact of these rapidly changing industries. With the market for 3D printers growing by 20% every year, any person can now own a 3D printer, which has vast implications on trademark, copyright, and patent law. Recently, while dealing with the COVID-19 pandemic, a hospital in Italy experienced a shortage of special valves used in breathing machines needed by COVID-19 patients. Local engineers recreated the valve design digitally and printed it with a 3D printer, without the permission of the patent holder. The incident, which involved a U.S. company, not only highlights potential ethical concerns in enforcing such intellectual property (IP) rights during a medical emergency, but [...]

The reason that companies register a trademark is to protect their name, logo, or another commercially significant identifier of their product or service. In most cases, if a trademark owner becomes aware that their trademark rights are being infringed upon by unauthorized use of their mark, or the use of a confusingly similar mark, they will often be able to resolve the dispute through a cease and desist letter. However, in other cases, when another party continues the unauthorized use, the trademark owner may need to file a claim in court against the other party for trademark infringement. Valid Mark First, you must prove that you have a valid trademark that is being used in connection with your good or service. To register a trademark or claim common law rights to a mark, you must use the mark in commerce. There are additional requirements to a valid trademark including [...]