Category Archive for "Trademark"

Use of trademarks as hashtags on social media

The opportunity to label social media posts with hashtags are endless. But there is a tension between brandowners’ desire to get as many people as possible to see their posts and use their hashtag, and the traditional trademark laws. Trademark law surrounding social media is still full of gray areas, but this article can provide brandowners some guidance.

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Client Profile: Sunburst Chemicals

Sunburst Chemicals has been innovating our cleaning process since 1920. We know today how important it is to clean food, laundry and every day items and Sunburst is on the forefront of that mission. They supply a number of cleaning products for a variety of every day use:

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New Year IP Resolution

New years resolutions are one of the world’s longest standing traditions. Throughout January, people will reflect on their personal and professional goals and ambitions to set forth on a new journey—often making a list of what they hope to accomplish. This year, we recommend adding one small piece to that list—protecting your ideas.

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New Year, New Ideas

New Year, New Ideas The New Year has finally arrived and we are ready for 2017! We wanted to outline some important IP advice for your company this year.

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The Top 10 Trademark Rulings of 2016

Trademark rulings often miss the front headlines of the news outlets every year, but little do people know, these decisions often affect their everyday lives more than some of the cases that receive national attention.

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Single factor preempts likelihood of trademark confusion claim

When a trademark or potential trademark is challenged, courts and the Trademark Trial and Appeal Board (TTAB) generally turn to the so-called DuPont factors to determine whether a likelihood of confusion exists between two marks. Courts don’t necessarily consider all 13 factors and, in fact, a single factor can settle the matter. This was the case in Oakville Hills Cellar, Inc. v. Georgallis Holdings, decided by the Federal Circuit Court of Appeals.

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Why You Patent–Part 3

Ideas that lead to groundbreaking innovations are remembered for eternity. However, the difference between protecting and losing those ideas sometimes come down to a single moment in time. For Alexander Graham Bell and Elisha Gray it was moment that shaped global communications forever.

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Why You Patent–Part 2

Italy-1421. An Italian inventor is about to make patent history. Architect and engineer Filippo Brunelleschi was granted a patent on the manufacturing of a barge with a hoisting gear—a device that streamlined the transportation of marble. The patent resulted in Brunelleschi acquiring a three-year monopoly on the manufacturing and sales of the new barge. While monopolies are only celebrated today when you secure Park Place and Boardwalk, Brunelleschi revolutionized national and global business as his idea would influence society for the next 600 years—patenting your hard work and creative ideas is a profitable business decision.

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Court denies trademark holder’s damages award

The jury giveth — and the court taketh away. In Romag Fasteners, Inc. v. Fossil, Inc., a trademark holder learned this lesson the hard way when the two courts rejected a jury award of almost $7 million against an infringer because the infringement wasn’t “willful.”

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Client Profile: Oxygen Plus (O+)

Oxygen—it heals, sharpens concentration and most importantly, we need it to survive. Most people associate oxygen with the air we inhale every moment of the day but Oxygen Plus (O+) has taken one of our most important elements to a new level. The innovators at O+ understand that oxygen is more than just an element—it helps provide energy, drives a healthy lifestyle, promotes healing and so much more. As pollution continues to crowd the air, O+ is supplying the world with 95% pure oxygen on the go, to keep them moving along every day. O+ – the pioneers and leaders of portable recreational canned oxygen worldwide – is here for you – anytime you need a lift.

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