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Discusses trademark and other intellectual property law news, legislation and opinions in Florida. Published by Wood, Atter & Wolf, PA.
Recent Posts Tagged With 'trademark'
Dressed for Success, Hell’s Bay Gets Settlement
A Florida boat manufacturer, Hell’s Bay , obtained a settlement in its case (which included a trade dress claim) against Beavertail, a Minnesota based boat manufacturing company. Hell’s Bay, located in Titusville, Florida, has many boat designs,...
The Power of a Name: Companies Allegedly Lie About Plugs From Oprah
Oprah Winfrey and Dr. Mehmet Oz are suing over 50 small beauty product and dietary supplement companies across the country, claiming that the businesses falsely professed that the TV personality and her recurring talk show health expert endorsed the...
Supreme Court Justice Sonia Sotomayor: What Can We Expect in IP Law? (Part 2 of 2)
Judge Sotomayor’s career in the judicial system has spanned 30 years and she has ruled on both ends of the spectrum, issuing favorable judgements to both plaintiffs and defendants in IP matters. In 1997, in Castle Rock Entertainment, Inc. v. Caro...
Supreme Court Justice Sonia Sotomayor: What Can We Expect in IP Law? (Part 1 of 2)
Judge Sonia Sotomayor was confirmed by the United States Senate on August 6 and will be sworn in as a member of the U.S. Supreme Court on August 8. Despite coming under fire from a variety of Republican opponents, Judge Sotomayor was voted in by a ...
Twitter’s Application for “Tweet” Rejected
Twitter can’t seem to catch a break when it comes to trademarks. The United States Patent and Trademark Office has preliminarily denied Twitter’s bid to trademark the word “tweet.” Twitter appears to have lost the race, not against time to...
Trademarks That Include Geographical Terms
Have you noticed that some brand names include the name of a location to denote where the products originate, while others include a location that is completely unrelated? You can use a geographical or regional name in your trademark as long as its...
Punctuation And Trademark Strength!?
Many known brands incorporate punctuation, such an asterisk (E*Trade) or an exclamation point (Yahoo!), into their trademarks. But does this translate into a stronger mark? More importantly, will punctuation make your trademark stronger? In gener...
Use Caution When Using Trademarks In Keyword Advertising
Like most other modern business owners, you likely use keyword adverting through internet search engines. Most advertisers use generic terms such as ‘massage’ or ‘furniture’ as keywords. However, using the registered trademark of another as...
Trademarks: What Is Use In Commerce?
When applying for trademark registration with a use-based application, it is necessary to provide information regarding use of the mark in commerce. While the lay definition of ‘commerce’ is simply business transactions, the legal definition pr...
New Facebook URL Policy: Fallout for Registered Trademark Owners
Popular social networking website Facebook implemented a new policy effective as of June 13, 2009 enabling users to register URLs for their usernames. What this means is that a Facebook user may register, for instance, www.facebook.com/pepsi as th...
What is a Trademark Specimen?
In order to register your trademark with the USPTO, you will need to submit a specimen. You may have heard this term or read about it, but what exactly does it mean? Also, what is the proper way to submit a specimen for a trademark application? F...
Comparative Ads: Using Your Competitor's Trademark
You may have seen advertisements wherein one brand name compares its product with that of its direct competitor. Such ads point out key differences between the products while displaying the competitor’s trademark. You may have wondered how an adv...
State vs. Federal Trademark Registration
It is possible to have a federal trademark, state trademark, or both. You can register a mark with the United States Patent and Trademark Office to obtain a federal trademark. By registering with the USPTO, you may protect your mark from infringement...
Scam Alert: Trade Mark Monitoring Companies Not Affiliated With USPTO
If you are a trademark applicant or registrant with the United States Patent and Trademark Office, be weary if a company contacts you offering services such as trademark monitoring or document filing. Such companies may appear to be affiliated with t...
