Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actu...
Restaurant Trade Dress Series, Part 2: Restaurant decor as trade dress
The best legal advice concerning business décor is be innovative to avoid copycat situations altogether. The court in the case of Rib Buddies, LLC v....
Trade Dress Series, Part 2: Strategies to obtain trade dress protection
In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design pat...
Restaurant Trade Dress Series, Part 1: How a restaurant can trademark its trade dress
A growing area of trademark law known as trade dress law can be used to protect the general image –the look and feel – of a restaurant. Trade ...
Trade Dress Series, Part 1: Product Designs – Choosing trade dress, copyright, or design patent protection
Trendsetting product designs are often the crown jewel of a company. Capturing the public’s attention – and pocketbooks – is an asset worth prot...
Negotiating an IP License to avoid future disputes
When negotiating a license agreement, it is important to specify the rights being acquired. This portion of the contract is called the grant clause, a...
Using the right symbol for you mark
What do the intellectual property symbols ®, ™, and SM mean and when can you use them? The proper usage of these symbols is important for advertisi...
Effective use of your trademark: 6 ways to make the most of your microbrewery or microdistillery brand assets
Creating a brand image is an arduous task for a new niche product. Microdistilleries and microbreweries face a lot of competition against popular mass...
US IP laws that target gray market goods
Gray market goods are products with legitimate copyright or trademarks that are authorized for sale in one country, but then imported without authoriz...
The South Butt: a trademark infringement story
This story tickles my funny bone. A 16 year old student, Jimmy Winkelmann, started a company called The South Butt, producing a clothing line that was...