Justice is blind, at least theoretically. Frequently we see big-guy versus little-guy cases end overwhelmingly in favor of the big-guy due to sophisticated legal tactics utilized by teams of lawyers. In the face of such resources, it’s easy to understand why David toppling Goliath was the upset of the millennium. But even with such scenarios, … Read more
The phrase, “Where’s the beef?” has become an indelible part of our culture. It has appeared in TV shows, popular songs, games and even a presidential debate. It all began when a fast food company wanted to shake up its advertising. History of Wendy’s Dave Thomas was born in Atlantic City but moved around the … Read more
McDonald’s “I’m lovin’ it” is the fast food company’s longest-running marketing campaign. The well-known, five-syllable jingle that accompanies it is as popular as some radio hits. There’s a reason for that popularity, as you’ll see when you read the fascinating history of this well-known slogan. Brief History of McDonald’s The story of McDonald’s is almost … Read more
Creating a unique name, logo, or slogan for your product or service business comes with the responsibility to trademark the name, logo, or slogan to ensure that another company or person does not use the idea for their own financial gain. The Trademark Trial and Appeal Board (TTAB) is tasked with hearing appeals of trademark … Read more
During 1893, a pharmacist created a unique beverage that featured a refreshing flavor and many natural ingredients. Caleb Bradham formulated a drink that contained lemon oil, nutmeg, water, sugar, caramel and cola nuts. The beverage eventually became Pepsi-Cola, which is a product that has become known the world over. Throughout the last 122 years, the … Read more
Whether you have a Mac, iPhone or tablet, you are probably familiar with Apple products. Apple is one of the most famous technology companies in the world. It sets itself apart by focusing on a sleek and attractive design in addition to a secure platform. Like many companies, Apple spent a lot of time and … Read more
When people see the Starbucks logo, they often think of a hot cup of coffee, a pastry or two, or an iced beverage that’s full of flavor. However, the Starbucks logo history contains a few other details that those who enjoy the company’s offerings might not know about the logo itself and the company. Who … Read more
To date, the purchase of competitors’ trademarks as keywords that activate sponsored links has spurred more than 100 trademark infringement lawsuits in the U.S. and Europe. In all but a handful of those suits, courts have ruled in favor of the defendant, leaving plaintiff trademark owners largely without recourse. However, for many business owners, the … Read more
Think of all you’ve invested in building your brand. You’ve carefully crafted a brand identity that appeals to customers and sets you apart from competitors. You have poured money and time into delivering superlative products or services that cement your reputation for quality. You have also probably thought long and hard about selecting the brand … Read more
A business can obtain trademark rights in two primary ways. 1. By applying for a federal trademark registration. 2. By establishing a common law trademark, through use in commerce. The second method might seem easier and cheaper, but it doesn’t provide the business with the many benefits of federal trademark registration. The trademark application process … Read more
Trademarks are an important part of protecting your intellectual property, strengthening the legal position of your brand, and carving out a chunk of a market in which you can make a profit unhindered by competition trying to ride your coattails. However, trademarks are not a set-it and forget-it solution. Trademark enforcement requires constant monitoring in … Read more
Entrepreneurs spend a lot of time trying to find the right marks to use for their businesses. Registering trademarks can help businesses to establish their brands and reputation while preventing others from using the same or similar marks. However, finding marks that are not already in use by others is becoming more difficult with the … Read more
Unfortunately, many small business owners fail to take the time to determine whether the name they have chosen for their product or business is actually available for them to legally use. If you’re a small business owner and you want to eliminate the chance of having to deal with any future costly trademark disputes, it’s … Read more
In this article, we will discuss the trademark conflict between Brewery Vivant, a micro-brewery and producer of “Farmhand” French farmhouse-style ale, and Tired Hands Brewing Company, maker of “Farmhands” Belgian saison style ale. The purpose of this case study is to demonstrate the importance of trademark in a crowded marketplace where strong brand and product … Read more
If trademarks aren’t required by law, does your company even need one? The trademarking process consumes both time and money, so many companies might think they can avoid it altogether. In many cases, this is perfectly true. Not every business truly needs a trademark. To decide if you need a trademark you must first understand … Read more
Clients often call me to register a trademark for their business. However, sometimes they need a “service mark” instead of a trademark. Definition of a service mark Technically speaking, a “service mark” or “servicemark” is a word, phrase, symbol or logo that is used to brand, identify and distinguish a service. This is in contrast … Read more