Triangle Trademark Law » Archive
Why is Trademark “Distinctiveness” So Important?
We’ve talked about the importance of clearing a trademark; now let’s discuss another critical issue every business or person adopting a trademark should consider—distinctiveness. Recall that a trademark is anything (most often a symbol, word, or phrase) that a producer of goods or services uses 1) to identify itself as the source of those products and 2) to distinguish its products from those of its competitors. In marketing terms, the answer is obvious: a trademark needs to pop, to grab and hold consumers’ attention. From a legal standpoint, distinctiveness is the key to how robustly you can protect your mark. In order for a trademark to be effective, particularly for distinguishing a company’s goods it needs to be distinctive. Bland, uninteresting marks that fail to engage consumers aren’t worth much. The other reason … Read entire article »
Filed under: Business Law, Trademarks
What Kind of IP Do I Have, and How Can I Protect It?
There’s More To IP Than Patents. It’s been my experience that people tend to equate “IP” with “patents.” In fact, almost without fail, when I’ve told people I’m an IP lawyer, they assume that I practice patent law. (This is one reason I’ve started describing myself as a marketing or advertising lawyer: it saves time and obviates confusion. And while people might not intuitively know what a marketing lawyer does, at least it gives me a chance to explain that the areas of IP law I practice, copyright and trademark, are those involved in the creation and use of things like photography, logos, brochures, etc.) Intellectual property (IP) is any product of an individual’s creative imagination that is embodied in some way that it can be shared—i.e., read, heard, watched by others. The … Read entire article »
Filed under: Business Law, Copyright, Intellectual Property, Trademarks
Copyright Registration: The Best $35 You’ll Ever Spend.
A frequently misunderstood area of copyright law is the difference between having a copyright in a work, and having a copyright registration. If I have a copyright, why do I need to register it? Copyright in a work arises at fixation. The moment you put pen to paper, record a tune onto tape or a hard drive, or click the shutter on your camera, you’ve created a work of authorship and have a copyright in that work. (This assumes that your work isn’t merely a copy of someone else’s. You don’t get a copyright for transcribing Pride and Prejudice.) Copyright gives you, the author, the exclusive right to exploit your work and determine if and how it’s used by others. Copyright is a No Trespassing sign. Copyright registration is an electrified fence. Which … Read entire article »
Filed under: Copyright, Intellectual Property
Trademark This! or A Clarifying Look at Trademark Registration.
Let’s clear up a common misunderstanding about trademarks. Often I hear the process of adopting or registering a trademark described as “trademarking.” (In fact, the process is really applying to register a trademark.) The popular perception seems to be that by applying for and being granted a registration, the applicant is being issued a trademark by the USPTO. The reality, however, is actually the reverse. You don’t get to use a mark by registering it; you get to register a mark by using it. For the sake of clarity, let’s agree that “to trademark” something (if we must use the term) means you: Create and establish a word, phrase, logo, and/or any other thing that functions as a mark, and Use it in commerce in connection with particular goods and/or services. (Remember that … Read entire article »
Filed under: Intellectual Property, Trademarks
Stop the Presses! Two Essential Questions for Businesses Selecting a New Trademark.
Before you spend big bucks printing up letterhead, business cards, coffee mugs, and all manner of swag emblazoned with your clever new brand name, tag line, and/or kick-ass logo—or, heaven forbid, commission a custom sign and multi-media ad campaign—take a minute and consider two very important issues about your brand: 1. Is anyone else using that mark (the word or the logo) or one like it, and 2. What kinds of products or services will you be using the mark with? When deciding on a trademark (or “mark,” as IP lawyers call it) for your business, whether it’s the name of the company itself or a new product or service, clearing up these two issues—before investing heavily in marketing support and committing to … Read entire article »
Filed under: Business Law, Intellectual Property, Trademarks
She May Not Look Like Much, But She’s Got It Where It Counts.
Welcome to Browner Law Blogs, the blog for the Law Office of Jeremy Todd Browner, PLLC. Thanks for dropping by. We’ve started this blog in the hope that it can be a resource for artists, entrepreneurs, innovators, marketing types, and anyone interested in what happens at the intersection of business, law, technology, and creativity. We recognize that nearly every enterprise, regardless of the kind or size, creates and/or consumes intellectual property (IP). So, what we hope to do here is: Help IP creators (artists, writers, musicians, software developers and anyone who develops brands) identify, understand, and assert their IP rights. Help IP consumers understand what kind of use constitutes infringement, how to avoid that, or what kinds of defenses can be raised against an infringement charge. Debunk common myths and clear up misunderstandings about IP, … Read entire article »
Filed under: Business Law, Copyright, Cyberspace Law, Intellectual Property, Pop Culture, Trademarks