Branding in the Digital Age: A Brief Primer
Goodwin Procter LLP
To compete effectively, a business must achieve market recognition for itself and its products. The economic expansion of the last decade has greatly increased the number of businesses trying to get attention from prospective customers. At the same time, the Internet and other new venues for marketing have allowed for novel ways to compete for that attention. These factors present increasingly difficult challenges for businesses.
Trademark Overview
Intellectual Property Law Group
What is a trademark? A trademark is any name, logo, shape, color, sound or even .
Federal Trademark Registration -- Just Do It
Tydings & Rosenberg LLP
In today's competitive markeplace, it is becoming increasingly important for merchants and manufacturers to differe.
Client Alert
Paul, Hastings, Janofsky & Walker LLP
Specifically in the context of restaurants, trade dress can include both the exterior and interior architecture of .
Changes to U.S. Trademark Law Under GATT
Pillsbury Winthrop Shaw Pittman LLP
The GATT implementing legistation (GATT Act) contains two amendments to the U.S. Trademark Act, also known as the .
Supreme Court Narrows Trade Dress Protections
Felicia J. Boyd of Faegre & Benson LLP
This article reviews the recent decision by the U.S. Supreme Court (Wal Mart, Inc. vs. Samara Brothers) whereby the Court raised the bar on proving a trade dress claim. The Court ruled that trade dress can never be inherently distinctive.
Rules of Origin
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1999 Custom House Guide) All Rights Reserved The phrase "rules of origin" is comprised.
U.S. Supreme Court Decides Colors Alone May be Registered as a Trademark
Craig M. Gregersen of Briggs & Morgan
The United States Supreme Court has held that a color can be registered as a trademark upon presentation of evide.
Online Brokerages Under Siege for Trading Outages and Delays
Blake A. Bell of Simpson Thacher & Bartlett LLP
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article appeared in wallstreetlawyer.com, A.
Nuts & Bolts of Federal Trademark Registration
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the various categories of trademarks and the benefits of registration on the either the Principal or Supplemental Registers.
Legal Gamesmanship
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Why the federal Court decided Sexual Pursuit was too intimate a knock-off of Trivial Pursuit .
Defending Levi Strauss: Findlaw Interview with Gregory S. Gilchrist of Townsend and Townsend and Crew
Jiminy C Twu of FindLaw M V
Gregory Gilchrist is a partner in Townsend and Townsend and Crew's San Francisco office. He recently defended Levi Strauss successfully against a class action filed by garment workers in Saipan.
Protection of Literary Titles
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article focuses on the protection afforded to literary titles by trademark and unfair competition law.
TRADE DRESS--THE FORGOTTEN TRADEMARK RIGHT
Robert B. Golden of Lackenbach Siegel LLP
To understand how to protect trade dress rights, and why these rights are often forgotte.
U.S. Supreme Court To Determine If A Product's Design Is "Inherently Distinctive" For Trade Dress Protection
Cook & Franke S.C.
The United States Supreme Court has granted certiorari to decide when a product's design is "inherently distinctive.
Frequently Asked Intellectual Property Questions
Elliott C. Alderman of The Alderman Law Office
WORK FOR HIRE: The creation of works is becoming increasingly more complicated, particularly as they are compri.
Trademark Recordation: Competitors BewareÃÂ
Stephen M. Hudspeth of Coudert Brothers LLP
We are observing a new development in the US which could be of serious concern to importers of products into this .
Supreme Court Update 1999-2000
Faegre & Benson LLP
This article highlights the key U.S. Supreme Court Opinions decided during the 1999-2000 session.
The European Community Trademark Law
Eugene M Prince of Pillsbury Winthrop Shaw Pittman LLP
Pursuant to the treaty establishing the European Community, the counsel of the European Union issued a regulation.
New Trademarks Law
O'Neal, Webster, O'Neal, Myers, Fletcher & Gordon
As the importance of worldwide protection of intellectual property gains greater recognition in everyday discourse .
How To Select A Strong Company Name Or Product Name
Gabrielle A. Holley of Pillsbury Winthrop Shaw Pittman LLP
This article summarizes the trademark process and provides suggestions on how one selects a strong name for a product or good.
Leonardo, Lingerie And George Of The Jungle: Practical Considerations In Trademarks And Licensing
Jeffrey C. Katz and David A. Weems of Davis & Gilbert LLP
Trademarks play an increasingly important role in most businesses, yet many companies still deal with them on an ad hoc basis. There are a number of areas companies can focus on to maximize the value of their trademarks. Brand management encompasses everything from providing basic guidelines on proper trademark usage, to drafting complex licensing agreements, to coordinating IP audits, to conducting due diligence in corporate transactions, and administering domain name policies.
Trademark Issues on the Internet
Jason M. Kays, Attorney at Law
Introduction The Internet has changed the way the world does business..
Protection of Trademarks in Australia
Michael J. Stanton of Coudert Brothers LLP
A trademark may be the most effective and valuable marketing tool of an overseas company doing business in Austral.
The Proper Selection, Use and Protection of Trademarks, Corporate Names, and Trade Names in the U.S.
Ryan, Swanson & Cleveland, PLLC
I. Trademarks, Corporate Names and Trade Names Are Different A. Basic Differences With many businesses, names a.
What is Intellectual Property?: Trademark
Judith A. Silver of Coollawyer.com
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, ÃÂmoral rightsÃÂ, which are rights of the artist not to have her work greatly altered, are also included.
Courts Using Different Standards to Determine Functionality in Trade Dress Protection
Pillsbury Winthrop Shaw Pittman LLP
Two recent cases deserve special attention for their use of alternative tests to determine whether trade dress con.
Selecting Good Trademarks
Mark A. Wright of McLane, Graf, Raulerson & Middleton, P.A.
The trademark you select identifies the source of your product or service and distinguishes it from the goods or services of other companies. A trademark should be memorable; should attract the eye, ear and mind of the potential purchaser; should elicit desirable consumer responses; and otherwise be distinctive. However, there is an inherent conflict between common marketing practices and trademark law.
IP Law Bulletin, March 22, 2000: Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
Ina J Risman of Heller Ehrman LLP
This article reviews the recent US Supreme Court decision in Wal-Mart Stores, Inc. v. Samara Brothers, Inc. whereby the Court discussed the issue of when a product's design is protected as an unregistered trade dress.
Trademark Law Treaty Implementing Legislation Signed into Law
Dykema Gossett PLLC
On October 30, 1998, the president signed into law the implementing legislation for the Trademark Law Treaty (.
The Film Industry: What You Need to Know About Trademarks
Victoria Lockley and Ian Craig of Dorsey & Whitney LLP
When it comes to intellectual property, filmmakers tend to overlook the importance of trade marks and focus all of their attention on the marginally sexier world of copyright.This is understandable but could prove costly, particularly given the evolving nature of the film industry with respect to ancillary revenue opportunities.
Wine Trademarks Ripe for Confusion
James M. Seff of Pillsbury Winthrop Shaw Pittman LLP
United States law favors free competition. To compete in the marketplace, providers of goods and services often us.
US High Court Decides Pivotal Trade Dress Case
Sharon R. Klein and Pamela Haughton Denniston of Arent Fox LLP
This article summarizes the recent U.S. Supreme Court decision, Wal Mart Stores Inc. vs. Samara Bros. Inc., whereby the Court discussed the issue of product design trade dress.
It's a New World in Trademarks -- The U.S. Joins The Madrid Protocol
Gary R. Duvall and Elizabeth C. Buckingham of Dorsey & Whitney LLP
The Madrid Protocol is a streamlined international trademark registration system managed by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Multi-country trademark applications can be filed in one office, in one language, and in one currency. Beginning November 2, 2003, U.S. trademark owners can use the Madrid Protocol.
Supreme Court Cuts Back on Trademark Rights In TrafFix
Brian J. Downey of Jones Day
It is essential that clients and their lawyers consider functionality and its impact on trade dress claims prior to filing any utility patent application. Further, those seeking to protect a productÂs design as an indicator of origin must be extremely careful in either a patent prosecution or even marketing literature about making any claim about the design that relates to functionality.
The Pink Panther Goes to Court
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
A legal case that shows the range of protection given to a "famous" trademark How typical of Clouseau not to be .
What's in a Name? Quite a Bit -- Maybe Your Whole Business!
Wendy L. Addiss of Coudert Brothers LLP
As the energy service industry changes and evolves, customer recognition of brand identity is more important than .
New Polish Language Act
Weil, Gotshal & Manges LLP
This article reviews the Act on the Polish Language of October 7, 1999 which will impact agreements relative to transactions to be conducted in Poland.
Naming Your Product or Service
Judith A. Silver of Coollawyer.com
Naming your product or service is an important task. Good branding dictates that names convey who you are and what you provide. In addition, there are a host of legal considerations to picking a name.