When you register a trademark on the federal register, you are given priority rights to the name or logo within the goods or services class(es) that y...
If You See Kay (say aloud slowly, then giggle when you get the innuendo)
The reverent Italian winery, If You See Kay Wines, named its Italian red blend “If You See Kay” with the tag line “no holds barred wine.” Pure...
Software Protection: Many Choices to Protect Your Product or Service
Software and mobile device applications are a booming business. If you discover an unmet need, or a niche that has not yet been exploited, you can lau...
Trademarks as Search Terms for Pay Per Click Advertising
Google’s advertising policy has created some trademark issues. When an internet user enters a term into Google’s search engine, results are return...
Paris Hilton not Flattered by Imitation
Celebrity socialite Paris Hilton launched a line of fragrances and bath products in 2004. Last year, Perfume Palace unveiled its line of fragrance and...
We Don’t Drink that Poison in this Neck of the Woods!
Crown Royal’s purple bag with gold trim is distinctive trade dress that is protected on the Federal Trademark Register. Mexcor, Inc. manufactures an...
What is Nominative Fair Use?
The nominative fair use doctrine comes into play when one company uses the mark of another company (usually a competitor) to refer to the mark holder�...
Jeep Public Campaign to Avoid Genericism of its Mark
Last week, I posted an article on what a business can do to avoid genericism of its trademark and how critical it is for all trademark registrants to ...
Trademark in Politics
The last Presidential race had a side drama. No, it wasn’t another scandal. Politics has been a great place for IP watching. There have been infring...
Pucker Up!
In JL Beverage Company, LLC v. Beam, Inc. a Nevada court ruled that the use of a woman’s lip print on a vodka label was not confusingly similar to a...