Pandemic Causes Spike in Trademark and Copyright Applications

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 [...]

2020-08-07T17:26:06+00:00July 8th, 2020|

Tom Brady Waits for USPTO Ruling for New Tampa Bay Trademarks

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 [...]

2020-06-15T11:02:20+00:00June 15th, 2020|

How 3D Printing Challenges Trademark, Copyright, and Patents

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 [...]

2020-04-28T18:13:23+00:00April 15th, 2020|

Considerations for Trademark Litigation

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 [...]

2020-04-22T08:41:30+00:00February 22nd, 2020|

Should You Register Your Trademark Before You Start Using It?

Building your brand is one of the most important investments you will make in your company. Your brand is what distinguishes your business from competitors, and as consumers begin to associate your quality of goods and services with your business name, logo, or slogan, you will naturally want to protect your brand’s reputation and prevent others from piggybacking off of the goodwill you build. A name and/or logo is one of the first things a new business decides on after developing a new business idea. Before you start offering goods or services in commerce, you will likely invest in branding, [...]

2020-08-07T17:13:04+00:00September 20th, 2019|

Where Does the USPTO Draw the Line in Offensive and Scandalous Trademarks?

Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark [...]

2020-04-16T04:19:29+00:00June 12th, 2019|

Filing a California Cannabis Trademark Application: Do’s and Don’ts

Filing a California Cannabis Trademark Application: Do’s and Don’ts On January 1, 2018, the State of California began allowing registration of cannabis and cannabis-related trademarks. However, registrations are limited to products and/or services that meet federal classifications. To guide you with the registration overview, look at the breakdown below of the do’s and don’ts for filing a successful California cannabis-related trademark application: DO’s: Do confirm that your company has the appropriate state license. Do make sure that your mark is lawfully in use in commerce within California Do review your list of goods and/or services and confirm they fit into [...]

Filing Cannabis Trademarks: How The Farm Bill May Affect You

The President signed the “Farm Bill” into law on December 20, 2018.  The law provides important agricultural policies, including a change that involves the cannabis plant.  Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products.   Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions: The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol). Cultivators are required to obtain a license. Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act. Cannabidiol (CBD) will only be legal [...]

Can I Register a Service Mark for My Cannabis Business?

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 8, 2018. Cannabis business owners in California can now register their trademarks and protect their intellectual property rights. This is a welcome sign for those who provide cannabis-related goods or services in the state. With the passage of the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) -- cannabis products became legal in California commerce. As a result, recreational use cannabis businesses have been growing like weeds (no pun intended) since January 1. Obtaining intellectual property protections Although the U.S. Patent and Trademark Office (USPTO) does not accept service mark applications [...]

2019-03-12T21:31:44+00:00May 8th, 2018|Tags: , |

Trademark Infringement Claims Involving a Non-US Company

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 5, 2015. Sometimes potential trademark claims aren't always what they seem. The grocery chain Trader Joe's is appealing after losing a lawsuit to enforce its trademark against a Canadian individual who operates a store called "Pirate Joe's." For the past three years, Michael Hallatt has operated a grocery store that sells thousands of dollars of Trader Joe's goods in Vancouver. Mr. Hallatt opened his store in 2012, and Trader Joe's immediately contacted him to stop his operation. When he refused, Trader Joe's sued in federal court in the state of Washington. [...]

2018-09-18T10:26:54+00:00May 5th, 2018|