by Angela Langlotz | Nov 17, 2020 | Trademark Registration, Trademarks |
Merely Descriptive Case Study: Best Whisk! Sometimes “merely laudatory” — a subcategory of “merely descriptive” — trademarks are registrable. If the descriptive trademark has been in use long enough, such that it has acquired...
by Angela Langlotz | Nov 10, 2020 | Copyright Registration, Copyrights, Trademark Registration, Trademarks |
Your book might qualify for both copyright protection and trademark protection. Trademark and copyright protect different aspects of the book. A book has a creative aspect, in that the content of the book is written and laid out in a certain manner, using certain...
by Angela Langlotz | Nov 3, 2020 | Design Marks, Trademark Registration, Trademark Usage, Trademarks |
People are sometimes surprised to learn that a color can serve as a trademark. The Lanham Act — United States trademark law — says that any “device” that distinguishes a company’s goods or services can serve as a trademark. So yes, a...
by Angela Langlotz | Oct 27, 2020 | Trademark Application, Trademark Registration, Trademarks |
Do you have to trademark your company name and logo? Well, you don’t *have* to do anything you don’t want to do — it’s a free country, as we used to say in grade school — but if you want the exclusive right to use your company name as a...
by Angela Langlotz | Oct 19, 2020 | Trademark Fair Use, Trademark Infringement, Trademark Usage, Trademarks |
No! There is a doctrine of “fair use” in trademark law called “nominative fair use” that allows for the use of someone else’s trademark to refer to that mark for purposes of mentioning the owner’s goods and services that are associated with the famous mark. This is...