Why Trademark Registration has Become Critical in the Internet Age

Attorney Enrico Schaefer of Traverse Legal, PLC discusses the importance of registering your trademark with the USPTO and provides several trademark registration tips.

• Trademark registration has become much more important with the advent of the internet because virtually every company's website is now global.
• When trying to determine how to trademark a name, you should consult an attorney who specializes in trademark registration issues.  Trademarking your name correctly has become much more important in order to avoid attack later.
• It is extremely difficult to find both a domain name and trademark available for registration given the shortage of words left in the internet age.

Play: Why It's Important to Protect Your Trademark Name and Brand Reputation in the Internet Age
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With: Enrico Schaefer

Sponsored by: Traverse Trademark Law

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Apple Trademark Registration for “There’s An App For That” is Likely Subject to Attack

Just because you achieve trademark registration with the USPTO, does not mean you automatically win.

There’s been a lot of press lately about Apple’s trademark application for “there’s an app for that.”

• Apple’s Trademark Registration for “There’s an app for that” is official
• Apple trademarks “there’s an app for that”

But just because Apple is able to navigate the requirements of the United States Patent and Trademark Office for its trademark registration, does not mean Apple would automatically win.  Apple’s registration for this trademark indicates a “first use anywhere” of January 26, 2009.  Take a look at these Goolge Search results for “there’s an app for that” from January 1, 1989 to January 1, 2008, before Apple started using the phrase to designate its slogan. 

It appears that Apple stole its slogan prior to Apple’s first use.  At a minimum, there will be many arguments for “fair use” as merely descriptive language for various software applications.

Adwords Trademark Infringement Continues to be a Problem

Competitors bidding on each other’s trademarks in Google Adwords is an advertising strategy which continues to explode.  This has led to allegations of Adwords trademark infringement by the company holding trademark rights.  This is also referred to as keyword trademark infringement.

The legal issue surrounding Adwords trademark issues involve allegations of violation of the federal trademark statute, the Lanham Act, as well as allegations of unfair competition and trademark dilution.  Keyword trademark law is an emerging area of law requiring expertise in Google Adwords, trademark infringement law and internet law.  If you require the assistance of a trademark lawyer who specializes in Adwords trademark issues, feel free to contact us today.  We will review your specific situation and provide a flat fee price quote. 

Intellectual Property Value is The Basis for Economic Recovery | Patent & Copyright Lawyers

Trademark Law Radio:  Glenn Purdue Discusses Trademarks, Copyrights, Patents & Trade Secrets

• Glenn has been retained as an expert witness for software related cases in which patent, copyright, trade secret and trademark protection and related damages were in dispute. 
• There are several models to value trademarks, service marks, patents, copyrights and trade secrets. Glen discusses cost-based approaches, market-based approaches, and income-based approaches to intellectual property valuation.

Glenn Perdue, managing member at Kraft Analytics, LLC, a valuation, forensics, consulting firm that works with attorneys related to valuation issues, transactional disputes, economic damages, intellectual property, antitrust analysis, corporate investigations, employee fraud, computer forensics and e-discovery, discusses three approaches in valuating intellectual property.

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With: Glenn Perdue

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 afternoon and  welcome to Trademark Law Radio.  My name is Damien Allen, and joining me today on the phone is Glenn Perdue of Kraft Analytics, LLC in Nashville, Tennessee.   Good afternoon, Glenn.  Welcome to the program.

Trademark Registration Key To Enforcement: OSU Fansite Opens Itself up to Liability for Direct Competition in the Information and Advertising Market

Trademark Registration Is Critical To Protecting trade marks from infringement.

On August 27th, the Ohio State University (OSU) (plaintiff) prevailed in the federal district court for the Southern District of Ohio against Keith Antonio Thomas (defendant). District Judge Gregory L. Frost delivered the opinion of the court and issued a preliminary injunction against Thomas for his use of OSU marks on his Internet fansites and publications.

The district court came to three major findings before holding that an injunction against Thomas was the proper remedy;

1st, OSU’s registered trade marks were “readily accepted by the public as hallmarks” of OSU athletics, the court held that use of the marks was “quite strong in the context of website or publication.”

2nd, The district court held that OSU and Thomas’s Websites directly competed in the market for information and advertising about OSU athletics.

International Trademark Registration For Companies Doing Business Outside the US

If you are doing business outside the US, you should consider trademark registration in foreign countries.

Trademark rights are territorial,  you have the exclusive right to use a particular trademark in the geographic location in which you use it and/or in which you file an application to protect it in. If you’re the owner of a trademark registration with the USPTO, it doesn’t mean that you have the exclusive right to use it in Canada or Mexico or anywhere in Europe. While you might have common law trademark rights in those different countries, the application and registration doesn’t give you exclusive rights.  Attorney Brian Hall discusses the importance of international registration of trademarks on today's TLR.

Play: International Trademark Registration
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With: Brian Hall

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’s your host, Damien Allen.

Damien Allen: Today we are discussing the options available for trademark owners. People ask, can you file one trademark application and be protected everywhere, Brian? Is that something that is universal?

Brian A. Hall: The short answer is no, Damien. And people do ask that all the time, whether it’s filing a USPTO or United States Patent and Trademark Office trademark or Canadian application or Mexican or whatever it might be, you can’t file a trademark application and be protected everywhere. Trademark rights are territorial, meaning that you have the exclusive right to use a particular trademark in the geographic location in which you use it and/or in which you file an application to protect it in. So, just because, let’s say you’re the owner of a trademark registration with the USPTO, it doesn’t mean that you have the exclusive right to use it in Canada or Mexico or anywhere in Europe, for example. While you might have common law trademark rights in those different countries, the application and the subsequent trademark registration itself doesn’t give you those rights.