Trademarks

Fair Use! Claims GoldieBlox against Countersuit Filing by Beastie Boys

December 13, 2013By 0 Comments
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The Oakland toy company, GoldieBlox, has claimed fair use in response to a countersuit filed against the company for a parody of the Beastie Boys song , “Girls”  used in a video which went viral on Youtube. GoldieBlox, noted that they have published several videos which using other popular songs in the past, including hits by Daft Punk, Queen, Krewella and several others. [...]

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Filed in: CopyrightsIP LitigationTrademarksUncategorized

When Should You Apply for a Trademark for your Products or Services?

July 9, 2013By 0 Comments
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Answer:  The sooner the better. A trademark is any word, phrase, symbol, design, or a combination of such, that identifies and distinguishes the source of the goods of one party from those of another.  Service marks are the same as trademarks, except they identify and distinguish the source of a service rather than a product. Although common [...]

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Filed in: Trademarks

Starting a new business? Remember to protect your most valuable assets!

April 5, 2013By 0 Comments
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Planning on starting up a new business? Did you know that the most valuable asset to your business is likely the intellectual property (IP) you have?  Do you have a name, a process, or something else so unique that it’s worth protecting? When starting up your business, be sure to identify potential IP assets that [...]

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Filed in: CopyrightsPatentsTrade SecretsTrademarksUncategorized Tags:

HearPod files trademark infringement suit against Apple for EarPods mark

April 3, 2013By 0 Comments
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On March 28, 2013, Randolph Divisions Inc (RDI) and HearPod, Inc (HI), filed a complaint against Apple, Inc for trademark infringement, unfair competition, and dilution.  The lawsuit is centered around the trademark “HearPod” (Plaintiff’s mark).  RDI alleges that significant advertising and promotional efforts were made in the span of 2005 – 2012 resulting in expenses of 625K.  These efforts resulted in the development [...]

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Filed in: IP LitigationTrademarks Tags:

Secondary Meaning

March 25, 2013By 0 Comments
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One of the requirements for trademark registration is that the mark be distinctive.  Marks considered to be “inherently distinctive” are immediately registrable.  Inherently distinctive marks are arbitrary, fanciful, or suggestive.  If a mark is merely descriptive, it must obtain secondary meaning before it can be registrable.  A mark is said to have secondary meaning when [...]

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Filed in: Trademarks

Trademark basics

March 23, 2013By 0 Comments
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A trademark is any word, symbol, design, phrase, or combination of such, used to identify a manufacturer or service provider’s product or service from those of another.   A service mark is the same as a trademark except it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to [...]

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Filed in: Trademarks