The Supreme Court last week announced that it would examine whether the U.S. Patent and Trademark Office (USPTO) could reject trademark applications based on the nature of the trademarked subject matter and language. The USPTO currently has the 113-year-old statutory provision in the Lanham Act, which forbids scandalous, immoral, vulgar or deceptive trademarks.
The circumstances of each trademark dispute are going to be different. According to some, it is just as important to focus on how and when to enforce that trademark protection as it is to get it in the first place. The trick is to have a plan about how to handle defense against infringers.
UGG boots have been a part of the fashion landscape for longer than a decade. It has had to protect itself from infringement several times over the years, most notably against Romeo and Juliet's (R&J) Bearclaw. UGG’s parent company Decker Outdoor Corporation (DOC) has used a series of design patents to protect its popular moccasin-like winter boot with sheepskin exterior and wool liners. The previous case was settled, but the two companies went back to court recently because of R&J’s new line of boots.
Among the things it can be very important for small businesses to avoid is running afoul of copyright laws. Such violations could land a company in legal hot water.
Patents provide legal protection against those who wish to steal ideas or products. Many believe that the value of a product is directly tied to the willingness to aggressively protect their products and services against infringement.
Licensing your intellectual property can be a huge money-maker—if it is done correctly. The process is not as simple as many entrepreneurs anticipate. Even the most innovative product or process can flop if it is not licensed correctly. The world of intellectual property and licensing is wide and complex, and making a misstep could be unthinkably costly.
Protecting your intellectual property can be brutal. In our competitive global market, it seems that copycats are popping up everywhere. All too often, entrepreneurs find that another business has copied their carefully-guarded intellectual property or trade secrets. Taking out a patent or copyright can help safeguard against infringement and theft, but the legal battle involved is often long and costly.
You are ready to create a trademark for your business, and you want it to be excellent. After all, your trademark is how your business will be recognized not only by your industry, but by consumers throughout the country. A memorable, eye-catching trademark can help you stand out in a crowd, and entrepreneurs know that this can be the difference between success and failure.
Intellectual property is no longer just for the tech industry. Indeed, intellectual property has become a crucial cornerstone for businesses in different industries all around the world.
Amazon’s acquisition of Whole Foods Market sent shockwaves through the business world and sent notice to America’s largest retailers that online retailers will develop strategic partnerships to take market share from brick and mortar retailers. It set off months of speculation as to whether Wal-Mart or Target would make a similar acquisition.