Category Archives: Blog

  • YOU GOT TO HEAR THIS: LEGAL PROTECTION OF SOUND MARKS

    We all know trademarks, including sound marks, are source identifiers, providing their owners with exclusive rights to use brand names, designs, logos, and slogans to market their products.  To customers, trademarks are unique visual and emotional cues that trigger special relationships with companies and under US Trademark Law, a sound or a musical melody can […]

  • Right of Publicity Law in Production Clearance

    In production clearance, entrepreneurs, technology startups, and new media productions who publish videos containing the name or likeness of famous celebrities may come across legal issues under entertainment law at the production clearance stage, including right of publicity law, trademark law, and First Amendment law. In California the right of publicity is governed by statute, […]

  • Landmark Supreme Court Decision Expands Scope of Trademark Rights in US Patent and Trademark Office

    On June 24, 2019, the United States Supreme Court struck down as unconstitutional the provision of the Federal Trademark Act (also known as the Lanham Act) which prohibits” immoral and scandalous” trademarks from obtaining federal registration in the USPTO. The court reasoned the government’s refusal to register a trademark based on the views or messages […]

  • USPTO Trademark Office Actions Explained: Merely Ornamental Refusal

    USPTO Trademark Office Actions Explained: Merely Ornamental Refusal When entrepreneurs or tech startup CEOs file an application in the United States Patent and Trademark Office (USPTO), a variety of USPTO Office Actions can be issued. These Office Actions, or refusals may range in legal issues such as, for example, a section 2(d) Likelihood of Confusion […]

  • Tech Startup Trademark Disputes

    When entrepreneurs and tech startup team begin the trademark selection and adoption process, many important legal and marketing considerations are on the table. A brand name, or trademark, is a word or symbol (or sound, or color in some cases), that consumers use to associate the services or goods provided under the mark with the […]

  • Legal Issues Facing Entertainment Technology Startups

    Entertainment Technology Startups launching products and services using digital media face new and traditional legal issues in business and intellectual property law. Some legal issues facing technology startups may include entity formation, brand name (trademark) selection and adoption, and formalization of ownership splits between co-founders. More groundbreaking legal issues facing technology startups and innovation departments […]

  • International Trademark Protection Under Madrid System

    When entrepreneurs, tech startups, and small business seek to protect their trademarks, brand, or logos, the option of filing through the Madrid System may arise. The Madrid System is an international system of trademark registration, administered by the International Bureau of the World Intellectual Property Organization (WIPO) a special agency formed under the designation of […]

  • Notice of allowance in uspto formalities and next steps - L.A. Tech and Media Law Blog photo

    Federal Trademark Notice of Allowance, Legal Requirements and Formalities

    During the Intent to Use trademark application process in the USPTO, after the examiner has approved an application for publication, and no oppositions or extensions of time to oppose has been filed, a Trademark Notice of Allowance will issue, approving the trademark for registration provided additional formalities are timely met. In other words, the mark […]

  • Technology Startup Website Copyright Registration Strategies

    Website copyright registration for technology startups can take many forms according to the predominant copyrightable content. Owners of Technology startup websites, like websites of other companies, sometimes require legal protection including website copyright registration, patent filing and protection, and trademark protection among other types of intellectual property barrier strategies.  When any text, images, video, graphics, […]

  • Trademark Abandonment for Failure to Respond to Office Action

    Trademark Abandonment can attach to Applications in the United States Patent and Trademark Office (USPTO) who face Office Actions and miss the six (6) month deadline to file a formal response. Under the USPTO rules, if the USPTO does not receive a response within this period, the application is declared abandoned and a Notice of […]

  • Trademark Infringement Attorney Explains Likelihood of Confusion Factors

    Trademark infringement is one of the most serious allegations against a technology startup, entrepreneurs, or small business when choosing filing for registration of a new trademark, brand, or logo, with or without a trademark attorney. If a brand or trademark is deemed to potentially constitute trademark infringement because it is likely to cause confusion, the […]

  • E-Commerce Trademark Attorneys’ Role in Amazon Brand Verification Process

    Federal Trademark Registration in the United States Patent and Trademark Office (USPTO) provides many brand protection benefits to e-commerce startups and small businesses selling goods on Amazon.com, sometimes this protection requires the involvement of an E-Commerce trademark attorney or other intellectual law firm or lawyer. Under the new Amazon Brand Registry process E-Commerce Trademark Attorneys […]