by Angela Langlotz | Jun 8, 2021 | Copyrights, Trademarks |
How to protect a recipe? You’re going to have to keep it a secret, because there is no such thing as copyright or trademark or patent protection for a recipe! “Copyright does not protect recipes, “That are mere listings of ingredients,” However, it can,...
by Angela Langlotz | Jun 1, 2021 | Trademark Registration, Trademark Rejections, Trademark Usage, Trademarks |
What If I Am Using A Trademark But Can’t Prove It? If you’re using a trademark, but can’t prove your use, then you have two choices: Wait until you can prove use to apply based on your actual use of the trademark, or apply based on an intent to use...
by Angela Langlotz | May 25, 2021 | Trademark Application, Trademark Infringement, Trademark Usage, Trademarks |
What about common law trademarks? If the name of a store isn’t registered as a trademark, does that mean that anyone can use it? Not necessarily; it depends on where it’s being used. But if you don’t register your trademark with the USPTO, you may...
by Angela Langlotz | May 18, 2021 | Design Marks, Trademark Application, Trademark Registration, Trademarks |
Can A Candy Shape Be A Trademark? Yes, it can! I’ve spoken before about shapes as trademarks for candy, Toblerone being the most famous one. What about other, less distinctive shapes? Those can serve as trademarks as well. As I like to remind everyone, anything,...
by Angela Langlotz | May 11, 2021 | Trademark Application, Trademark Registration, Trademark Usage, Trademarks |
Can I use the word “UNIVERSITY” as part of my trademark? And the answer is always, let’s look at the context. So let’s say that you wanted to manufacture a new line of cell phones and you wanted to call that “University.” Now,...
by Angela Langlotz | May 4, 2021 | Trademark Infringement, Trademarks |
What about that case where Christian Louboutin sued Yves St. Laurent — or YSL –for Trademark infringement of its red sole shoe trademark? A number of years ago, Christian Louboutin, who makes those iconic red soled shoes, sued Yves Saint Laurent (hereafter...
by Angela Langlotz | Apr 27, 2021 | Trademark Licensing, Trademark Usage, Trademarks |
Can I sell my trademark? Sure, a trademark is like any other piece of property, in that it can be sold or conveyed, either in part or in whole, to another party. A trademark is just like any other property, and you can dispose of that or rent it or sell it or do...
by Angela Langlotz | Apr 20, 2021 | Trademark Infringement, Trademarks |
We’ve spent some time discussing the trademark first sale doctrine, and when a manufacturer of trademarked products has the right to stop the resale of a branded product. Nike shoes has sued to stop some resellers from altering and reselling their Nike shoes....
by Angela Langlotz | Apr 13, 2021 | Trademark Infringement, Trademarks |
The trademark first sale doctrine is a concept in trademark law that says that reselling goods that are covered by a trademark is permissible and is not a trademark infringement. It allows a buyer who purchased via an authorized channel to resell the goods without...
by Angela Langlotz | Apr 6, 2021 | Trademark Infringement, Trademarks |
Did Nike give its blessing to the Jesus shoes? Why is Nike not suing the maker for trademark infringement and false light? Does trademark infringement depend upon how the trademark owner feels about the alleged infringement? So we’ve seen that Nike is up in arms about...
