Category Archives: Blog

  • Statement of Use in Trademark Applications

    Trademark Protection Best Practices For Tech Startups What is a SOU and What Now!? Standard USPTO explanation when a Statement Of Use is issued: Intent to Use (ITU) Applicants of Federal Trademark Applications are required to file a Statement of Use before the application matures to registration. In other words, applicants must show bona fide use of the mark […]

  • Notice Of Allowance in Federal Trademark Registration

    Trademark Protection Best Practices For Tech Startups Intent-to-Use Applications The Federal Trademark Intent To Use (ITU) filing system in the United States Patent and Trademark Office (USPTO) is designed to give trademark Applicant’s constructive priority rights in a mark, logo or slogan, but also forces Applicants to show bona fide use of the mark in commerce within […]

  • Consumer Protection Laws Reach Crowdfunding Projects

    Crowdfunding is a federal affair Donation based crowdfunding is the practice of capitalizing a passion project or a commercial venture by raising funds from numerous people (the “crowd”). This is often done through dedicated websites or applications such as Kickstarter, Indiegogo, GoFundMe, and hundreds more. The Federal Trade Commission (FTC) has extended its regulatory power […]

  • Why You Should Register Your Federal Trademark

    Federal registration with the United States Patent and Trademark Office (USPTO) or any state trademark office is NOT required to vest trademark rights. Actual use of the mark has always been the touchstone of trademark rights. However, there are significant advantages to federal trademark registration on the USPTO principal or supplemental registry. Because the use in commerce […]

  • How Copyrights and Trademark Registration Apply to Technology Startups

        We’ve discussed the essence of copyrights and trademark protection in previous posts (Copyrights vs. Trademarks Part One and Part Two). But entrepreneurs aren’t looking for a 101 in intellectual property protection law, they are concerned with goals such as protection of unique attributes of their business, and protection of market position. The key […]

  • Taylor Swift’s Trademark Protection Strategy

    Taylor Swift made headlines in January when her lawyers filed trademark applications for phrases that appear in her song lyrics. The public reaction has been mixed. Some have praised her business strategy and the fact that she is controlling aspects of her intellectual property assets. Others see it as an overreach that infringes on free […]

  • Confidentiality Concerns When Interviewing Attorneys For Your Technology Startup

    As an entrepreneur and business owner, you may be concerned about disclosing confidential information to an attorney during the initial consultation, before the attorney is retained. Entrepreneurs intuitively know to protect their idea but many do not know when attorney-client privilege and duties of confidentiality trigger. Information disclosed before an attorney is hired is confidential, and […]

  • NFL’s Trademark Protection Strategy for Super Bowl®: a Case of Brand Vigilance on Steroids

    Among the NFL’s portfolio of famous brands used to promote football games, its teams, and enough licensed merchandise to furnish a house, U.S. Trademark Registration No. 0882283 for SUPER BOWL® stands tall above all. Original filing date 1969. NFL’s trademark protection strategy for SUPER BOWL® illustrates the balance between necessary vigilance and fair use of one the world’s most famous […]

  • The Future Of Technology On Full Display at CES

    Welcome to the future. The Consumer Electronics Show (CES) is one of the largest trade shows in the world. This year drew over 200,000 exhibitors, speakers, and tech industry professionals to Las Vegas to discuss, collaborate and pontificate on all things digital. 75% of Fortune 500 companies across all industries were present at this year’s show. […]

  • Intellectual Property is Big Business – Protect Your Share

    According to the U.S. Commerce Department in 2012 intellectual property (IP)-intensive industries contributed more than $5 trillion dollars to U.S. GDP. Control of intellectual property rights translates to control of the revenues they generate. Intellectual property rights in the United States are exclusive rights to proprietary assets such as patents, trademarks, copyrights and trade secrets. In some cases […]

  • Celebrity Backed Mobile Apps

    “A million dollars isn’t cool. You know what’s cool, a billion dollars” famous words spoken by the fictionalized version of Napster co-founder Sean Parker in the film The Social Network. Some celebrities agree with the sentiment and, with money to burn, have taken dead aim at 10-figure exits their acting careers could never muster. Hollywood celebrities have been flirting with […]