Trademark Registration Update: Maker’s Mark Wax Seal Considered an Inherently Distinctive Trademark and Affirmed

Trademark registration for Maker's Mark Seal Upheld:  On March 26, 2010 a federal judge ordered an injunction which ended a seven year legal battle.

The order was entered by U.S. District Judge John G. Heyburn II in the form of an injunction effectively preventing any rival of Maker’s Mark from using a dripping wax seal on tequilas it sells in the United States.

The Kentucky Associated Press commented on the unique Maker’s Mark sea which was secured through a trademark registration with the USPTOl;

“The dripping red wax seal on a bottle of Maker’s Mark bourbon is not only distinctive, it is now the exclusive legal property of the company that makes it.”

Domain Tasting Causes Domain Registration Problems

The problems caused by Domain Tasters or Domain Front Runners was explored in an Article posted on Tuesday entitled, “Domain Tasting’ is a Pretty Tasteless Practice”. That article made reference to a post, ‘Who is Monitoring Your Domain Searches’, that surfaced back in February of 2007 and which drew the public’s attention to the unsavory business of domain tasting.

If you have ever used a domain registrar to check on the availability of a domain name, find that it is still available but for some reason do not immediately register the domain name, then return shortly after to register the domain name and realize that it has already been registered; then you were likely victim of Domain Tasting.

Protect Your Registered Trademarks on Twitter

Trademark Infringement on vanity Twitter URLs have become rampant.  While Twitter will sometimes participate in enforcing third party trademarks, the key is to make sure that you have a trademark registration with the USPTO in place, well prior to having to enforce those rights.

Trademark Applications and Trademark Registrations Decline from 2008 - 2009

In this Article on Virginiaiplaw.com, Robert Angle, noted that FTI Consulting (FTI), very recently released its annual Intellectual Property Statistics. The Intellectual Property Statistics is a compilation of statistics on intellectual property prosecution and litigation. Angle re-produced some interesting statistics from the report based on the difference in the Intellectual Property Statistics from 2008-2009;

Protecting Your Brand & Trademark | Register Trademark Advice

Matt Myers of M22 discusses the process of creating their brand, obtaining trademark registration as well as what to do to protect the trademark.  Every day companies spend massive amounts of time and money to create and market their brands to the consumer. Keegan and Matt Myers of M22 discuss with Attorney Enrico Schaefer, the process of creating their brand and how to correctly register a trademark, as well as what to do to protect it.

"...trademark registration process at the USPTO, The United States Patent and Trademark Office,...we were able to receive a registration for the trademark M22 in order to protect Matt and Keegan moving forward."

"For a lot of clients, the first step is a trademark cease and desist, notice and threat letter that says we have the trademark registration for this, you’re infringing the mark and you’re potentially liable for up to $100k and attorney’s fees and statutory damages for infringement, we demand you cease and desist, etc."

"In many cases...the first step is a trademark cease and desist notice letter saying...you need to understand that we have rights...provoke a discussion to get them educated...provide them a quick and easy exit..."

Play: Protecting Your Brand Name and Trademark

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With: Enrico Schaefer,Matt Myers Jr.,Keegan Myers

Sponsored by: Traverse Trademark Law

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Announcer: Welcome to Trademark Law Radio, sponsored by Traverse Trademark Law, Internet Lawyers specializing in Trademark Infringement, Trademark Licensing and Trademark Registration. Now here is your host, Damien Allen.

Damien Allen: Good morning and welcome to Trademark Law Radio. My name is Damien Allen, and today joining me on the phone are Keegan and Matt Myers of M22, and Enrico Schaefer of Traverse Legal, PLC. Good morning gentleman and welcome to the program.

Keegan, Matt and Enrico: Good morning.

Damien Allen: Well, today we’re going to have an open-ended discussion about protecting your trademark, protecting your brand. Matt and Keegan, you are the owners of M22, a store in Traverse City. What is the origin of the brand and what is it that you guys do?