More Oversight is Coming!

About one year ago today, I wrote a post called “Changes are Coming – Be Prepared to Disclose Beneficial Ownership in 2021.” Although those changes (i.e. the requirement that all businesses disclose their beneficial owners in a federally run database) have not come to pass yet, they are still on the way – so keep … Read more

‘Tis the Season to Be Descriptive

After last week’s post featured Lola celebrating Thanksgiving in style, it seems only fitting for this post to cover the next phase of the holiday season. That’s right, we’re talking Black Friday and Cyber Monday! Given the commercial success associated with these two days each year, you may wonder whether “Black Friday” or “Cyber Monday” … Read more

Scam Alert. Again.

We previously warned you about some USPTO scams. Well, someone looked at those scammers and said, “What a great idea! I’ll do that for new companies who just formed!” In other words, jerks multiplied like bunnies on Viagra. And so I’d like to introduce you to the newest scam: The Certificate of Service Scam.  It … Read more

Your Face, is My Case: Personality Rights

Of all the TV attorneys out there, Jackie Chiles is my favorite. Close second, of course, is Denny Crane, but Jackie certainly takes the top prize. Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” From … Read more

Just Following (Madrid) Protocol

As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more

Why We Need Their Life Story

We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?”  Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top.  But I am here to defend all those stories that I often skip.  … Read more

Please Keep My (Trade) Secret

Talkin’ about trade secrets! While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. In this article we will examine a few of the benefits that trade secret protection offers. Benefit One – Trade Secrets Protect Information That Other Forms of IP Protection Do … Read more

“Would You Capture It or Just Let It Slip?”

Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason.  A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more

Control Level: Blue

I am a self-professed #TrademarkNerd.  I think they are interesting beasts.  They combine business, law, social science, and, of course, shopping.  When a lot of people think about trademarks, they think about what the company owns and does with it.  That’s fair.  Companies spend a lot of time, money, and effort on their trademarks.  But … Read more