Vin LoTempio Meets Plaintiff Simon Tan in Supreme Court Case on Disparaging Trademarks
This past week the Supreme Court decided a groundbreaking case concerning an Asian American rock band, the Slants. Their lawsuit has huge implications for the Washington Redskins trademark case and will set the standard for disparaging trademark viability. In 2011 the band tried to trademark their name with the United States Patent and Trademark Office […]
Patent exhaustion doctrine takes away Patent Rights
In late May, the Supreme Court placed limits on a patent owner’s rights after sales. The Products, Inc. v. Lexmark International, Inc. case concerned Lexmark International, a manufacturer of laser printers and imaging products. Lexmark sells and owns several patents covering toner cartridges used in its printers. Companies or individuals can refill and reuse the cartridges […]
Trademark Use in Commerce
The Lanham Act is the federal law controlling trademarks. Section 1051 requires an individual uses the trademark in commerce before they apply to register the mark. But what exactly does the phrase “used in commerce” mean? Luckily, section 1127 of the Lanham Act provides some assistance. It states the word “commerce” means all commerce Congress […]
Generic Trademarks
Registration and maintenance of a trademark requires that the trademark is distinctive and does not become generic. There are five categories of trademark distinctiveness: In descending order, from strongest to weakest, the spectrum of distinctiveness: “FANCIFUL” – Fanciful trademarks are the strongest. They include made up words or phrases that have no relation to the product […]
Young Entrepreneur Scholarship
Camryn Sullivan, a student from Amherst Central High School, isn’t your typical high school senior. She has gained an impressive knowledge in such topics as trademarks, patents, and marketing through personal experience, and this breadth of knowledge recently helped her win a highly competitive scholarship from the National Federation of Independent Business (NFIB), the $2,000 […]
How to Monetize a Patent
For many inventors and businesses, patents are of little value unless they are monetized. Patent owners have several different routes they can take to monetize their patents, but the general process is laid out below. 1.) Set Goals Every owner is going to have a different objective in monetizing their patents. Owners may be trying […]