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Currently Browsing: Trademarks

Trademark, Service Mark — What’s the Difference?

“It makes no difference, night or day.  The shadow never seems to fade away.”  — The Band A potential client recently asked how is a service mark different from a trademark?  This is a common question we receive. A trademark is anything that is used to identify the source of goods or services.  Trademarks can consist of words, slogans, designs (logos), sounds or even scents.  Prominent...

Beware of International Trademark Scams

You file a trademark application for your business.  The U.S. Patent and Trademark Office registers your trademark.  Shortly after you receive your certificate of registration you receive a sort-of official looking letter from some organization offering to register your trademark “internationally” for a hefty fee.  This organization has some combination of words including “international”,...

“The Founder” Shows the Value of Trademarks for Growing Businesses

In the new film “The Founder” Michael Keaton’s Ray Kroc takes the concept for an efficient, high quality low cost diner with a limited menu and, through his relentless drive, expands it into the world’s biggest restaurant chain. In franchising the original concept developed by the brothers Dick and Mac McDonald, Kroc created the world’s most successful — and lucrative —...

Trump, Trademarks and Transactions: Considerations for Asset Sales

When he is sworn in on January 20th, Donald Trump will become the first American president to have owned trademark registrations while in office. (Quick quiz: Who was the only U.S. President to have a patent while in office? Answer at the end of the post). Trademark Office records show that he has personally owned 90 trademark registrations, most of which include the Trump name. This unprecedented situation —...

A New Paradigm: Awards of Attorney Fees Under the Lanham Act Post-Octane Fitness

Any trademark litigator knows that it has historically been difficult to obtain an award of attorney fees in a federal trademark case, no matter how egregious the opposing party actions Section 35(a)(3) of the Lanham Act provides, in part, The Court in exceptional cases may award reasonable attorney fees to the prevailing party. 15 U.S.C. § 1117(a)(3) In practice, federal courts rarely found cases to be...

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