Posts in Trademark

Wall Street Journal Profiles Medical Marijuana, but not Important USPTO Issues

Earlier today the Wall Street Journal gave front page space to a story relating to the United States Patent and Trademark Office. Widely regarded as one of the “papers of record” in the United States, one might expect that the Wall Street Journal had brought its considerable clout to an important issue plaguing our time, such as an horribly under funded Patent Office that is holding innovation hostage, costing America perhaps millions of jobs. NO! Don’t get me wrong, every tabloid should have front page news story about pot, medical marijuana and have an image of a VW bus over the tag “the Canny Bus,” as the Journal did earlier today. Call me crazy, but I expected more from the Wall Street Journal.

Intellectual Property News from Eastern Europe

At the start of the new year I pledged that I would start to try and expand the scope of to touch upon intellectual property matters outside the United States. In part this means trying to add an international flavor where appropriate, which is certainly always possible in part through discussion of the Patent Cooperation Treaty (PCT). In another facet it means profiling interesting stories relating to foreign intellectual property laws.

Culture of Indifference Fuels Software Piracy Market

The reality is that individuals and companies fuel the piracy market. Simply stated, if there were no demand there would be no supply, so it is quite disingenuous for us to only point the finger at the supplier, but rather we ought to acknowledge that there is plenty of blame to go around, which may be a hard pill to swallow. And while there may an intellectual distinction between sharing software or music with a friend or family member, there exists a cultural indifference that borders on contempt for the rights of creators.

Brand Identity: Protecting Against Negative Good Will

from the business perspective when you are building a trademark or trademark portfolio it is really the good will that will define the value of the trademark. But like most things in life there is a double edge sword. There is positive good will and negative good will. Negative good will sounds silly I know, but it relates not to the absence of good will, but negative feelings. So, for example, BP is in the process of developing enormous negative good will as a result of the oil spill in the gulf of Mexico.

US Trade Representative Issues Annual Report on Global IP Rights

For 2010 the US Trade Representative reviewed 77 trading partners for this year’s Special 301 Report, and placed 41 countries on either the Priority Watch List, Watch List, or the Section 306 monitoring list. The Priority Watch List for 2010 names the following countries:China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Pakistan, Thailand and Venezuela.

Mac vs. PC: A Simplistic Yet Effective Marketing Strategy

Apple is capitalizing on what would appear to some as Microsoft “crying wolf” syndrome and putting into question whether the new operating system can be trusted because its issues have not been effectively resolved by any of the previously released PC Operating Systems thus far. These ads are brilliant!

Supreme Court Refuses Harjo, Redskins Can Keep Trademark

The United States Supreme Court earlier today announced that they will not accept the appeal in the Harjo case, which means that the decision of the the United States Court of Appeals for the District of Columbia will stand as the final decision in the long dispute that sought to strip the team of its trademark as a result of the term “Redskin” being offensive and not susceptible of receiving trademark protection.

Comparative Advertising: BK vs. McDonalds and Wendy’s

Today I was searching the Internet for some interesting news to write about and I stumbled upon a press release from Burger King regarding its a ¼ pound Double Cheeseburger now being available for only $1. In some markets the ¼ pound Double Cheeseburger has been available for $1 for the past 18 months, but now it is being added…

CAFC Makes it More Difficult to Prove Fraud on USPTO

At the beginning of August 2009 the United States Court of Appeals for the Federal Circuit issued its decision in Exergen Corp. v. Wal-Mart Stores, Inc., et al., Case Nos. 2006-1491, 2007-1180 (Fed. Cir. 2009), a decision that changed the playing field with respect to charges of inequitable conduct in patent litigation. Essentially, the Federal Circuit decided that since inequitable…

Music and Fantasy Football Make the NFL Brand Great

This post may not be as off-topic as you think simply by reading the title.  Yes, I will be licking my wounds as a result of an opening day fantasy football loss, but what is really prompting this article is a discussion this morning on ESPN radio with host Eric Kuselias, who incidentally was managing partner of Goldblatt, Kuselias &…

Domino’s Video Offers Food for Thought for Businesses

This past spring, a series of prank videos from a couple bored Domino’s employees captured the worldwide attention of the public and the media. Before they were removed from YouTube, they reportedly garnered a million views. In these videos, an employee put cheese up his nose, and farted and sneezed on sandwich fixings he was handling, while the narrator described…

FTC Bars Deceptive and Misleading Biodegradable Claims

This week the Federal Trade Commission (FTC) announced it had preliminarily reached a settlement with Dyna-E International and its owner George Wheeler, which would bar the retailer of rayon towels from making false and misleading claims that dupe consumers into believing its paper towels are biodegradable. under a proposed settlement with the Federal Trade Commission. This preliminary settlement is now… Reviews Are Not Really Useful

Back in March 2009, I had an occasion to need to stay at a hotel I booked through  The hotel was nice enough, but there were a few things that were a bit peculiar.  For one, they did not offer dry cleaning services, which is odd for any hotel and particularly one not far from a major airport that…

Calling All Copyright & Trademark Blogs

As you may know, I am trying to determine the top patent blogs on the Internet, and voting for the top patent blogs is currently underway.  The plan has always been to have some fun with this, maybe get some traffic coming to, but most importantly to try and raise the profile of what we all are doing and…

Washington Redskins Win, Can Keep Trademark

As a fan of the Dallas Cowboys it is hard to write about a Redskins victory, but the victory scored by Pro-Football, Inc. on behalf of the Redskins means that the Redskin trademarks will remain intact.  The ruling providing this victory for the Redskins came down on Friday May, 15, 2009, and should once and for all put this matter…