Category: Trademark

If you are buying a business or business assets, almost certainly, the Purchase Agreement will contain some provision for conducting due diligence. Due diligence is an often-lengthy process that occurs after the Purchase Agreement is signed and before the sale is consummated. The process involves confirming all of the details with respect to various aspects […]

Entrepreneurs with new board games must legally protect their new invention/concept by using all of the available intellectual property mechanisms. These include copyrights, trademarks, and patents. While some intellectual property rights come into being automatically, like copyright protection, full legal protection is only accomplished through official registration with the relevant governmental office. Intellectual property protection […]

It may be surprising to some, but generally speaking, one cannot register a trademark with the US Patent and Trademark Office (“USPTO”) based on the title of a single book. In other words, a book title cannot be trademarked. This is because trademarks are designed to identify in the minds of consumers a unique commercial […]

When a business files for bankruptcy, all of its assets, including any and all intellectual property and licensing rights to IP, become subject to the jurisdiction of the bankruptcy court. In simple terms, all assets go into the bankruptcy “estate” and are subject to the control of the court. The purpose of a bankruptcy is […]

Federal trademarks are governed by the Lanham Act. See 15 U.S.C. §§1051 et seq. Among the rights granted to trademark owners by the Lanham Act is the right to exclusive use of one’s trademark. If another uses one’s trademark without permission or authorization, the owner can sue for trademark infringement. The Lanham Act invests federal […]

The coronavirus pandemic has caused unexpected interruptions for many businesses, including some complete shutdowns. Some businesses have had to suspend certain business activities in order to maintain business integrity and to help keep their employees and customers safe. This means that businesses may have had to stop using their trademarks in commerce. Is your trademark […]

Even as the coronavirus pandemic spreads around the world, people and businesses are trying to gain a commercial advantage from trademarking words and phrases related to the virus and people and places associated with the epidemic. Chinese trademark officials, for example, recently announced that almost 1,000 trademark applications related to COVID-19 have been been filed […]

At the end of January 2020, the United Kingdom (“UK”) filed formal papers with the European Union (“EU”) to withdraw from the political and economic alliance. This has commonly been called “Brexit.” For the next year or so, the UK will remain loosely affiliated with the EU, but at the end of the transition period, […]

Following the signing of the first round of a new trade deal with China in mid-January 2020, the Federal government announced plans to begin cracking down on the sale of counterfeit and pirated merchandise on web-based retail platforms. See CNBC News report here. The Department of Homeland Security (“DHS”) issued a 54-page report detailing the […]

Trademarks and service marks are essential to every business. A trademark identifies your business as the exclusive commercial source of the goods and services you are providing. That is a significant advantage in a competitive marketplace. This applies with equal force to individuals who are self-employed, particularly those working from on-line platforms trying to build […]