Big Sister Napolitano has a New Bill in the House to Control What We Can and Cannot Access Online

Posted by on Oct 29, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Copyright, Entertainment, Film, Intellectual Property, Music, News, Sports, Television, Trademark | 0 comments The entertainment industry has been voicing its support for a brand new bill introduced in the House of Representatives that takes aim at online websites that violate US Copyright laws, which is titled the Stop Online Piracy Act (H.R. 3261) and is scheduled for hearing by the House Judiciary committee on November 16, 2011. In May, the Senate also introduced a similar bill named the Protect IP Act...
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Is Federal Trademark Registration Necessary?

Posted by on Oct 28, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Before the United States Patent and Trademark Office (which is sometimes referred to as the USPTO) was established in in 1790, there was (and still is) a common law right to a trademark. Today, we call trademarks that are not registered with the USPTO “common law” trademarks. An individual’s ownership rights in a trade or service mark is established the minute the individual becomes the...
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How to Save Thousands of Dollars and Hours of Headaches: How a Trademark Attorney Can Help You Safeguard Your Business From the Very Beginning

Posted by on Oct 27, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Many individuals think that filing for trademark registration with the United States Patent and Trademark Office is a simple do-it-yourself endeavor that does not require legal consultation or the help of a trademark attorney. However, what many people do not realize is the fact that a trademark attorney can help you get nation-wide trademark protection, establish your company’s superior...
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State Trademark Protection Versus Federal Trademark Protection

Posted by on Oct 27, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments For many companies, especially small businesses and those headed by sole proprietors or entrepreneurs, the time, effort, and cost of registering the company name, logo or packaging is on the backburner and eventually forgotten until years later when a third party is caught using the same name, logo, or packaging! Other times, many companies think that registering its trademark with the California...
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Trademarks: the Importance of Conducting a Thorough Search Before Choosing

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments One of the biggest mistakes a business can make is spending years building the business and brand only to realize that they cannot expand the business to a state (or worse yet, states) because a third party has superior rights to that trademark in that territory or, worse yet, they get a cease and desist notice from another business in their area claiming superior ownership! Taking the time to...
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Trademarks and the Value in Trademark Ownership

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. Technically, an individual has established an ownership interest in a trademark the minute the trademark is used to identify goods or services in the marketplace. That means, the minute a business owner uses a name, logo, or symbol in the market, they have established a common law right to a trademark. However,...
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