Currently browsing May 2011 Archives.

Tuesday, 31 May 2011

Trademark Owners Beware: new domain extensions (gTLDs) pose new infringement risks.

Domain Name Trademark Infringement Alert: 

As internet lawyers, we understand how on-line / internet infringement affects trademark right owners across the world wide web. Each time a new domain extension is launched, new opportunities for trademark domain infringement arise. As .xxx comes closer to launch, you need to understand how to protect your trade mark in the pornography space.

Continue reading Trademark Owners Beware: new domain extensions (gTLDs) pose new infringement risks. >>
Monday, 23 May 2011

President & CEO of Levi Strauss & Co., John Anderson, Discusses Brand Name Protection

Knowing how to select and register a trademark is tough.  Knowing how to turn your trademark in valuable intellectual property is tougher still.  While a trademark attorney can help you legally protect your mark, your creative and business team has even harder work.  In this Trademark Law Radio interview, John Anderson, President and CEO of Levi Strauss & Co.talks about how the Levi trademarks have evolved and become some of the most powerful brands in the world.
Highlights:

  • It’s no easy business maintaining global brands and trademarks, and it’s even more difficult to keep a brand relevant while staying loyal to its roots.  Brands live and die based on their relevance to what’s happening now with the culture, competitors, and consumers, and staying relevant is hard, constant work.
  • We view our icons, not just as a form of marketing, but as a critical piece of brand and trademark protection.
  • Brand protection is not a onetime deal and involves more than just registering trademarks.  To protect a brand, you’ve got to constantly tend to it and, when necessary, to update it.  In fact, the red tab helped distinguish our products for a few decades, until competitors began to incorporate the same idea into their products.
  • For a brand to be globally relevant, it must always be innovative.  This is the double-edged work that is necessary in our industry.  A brand must be both timeless, yet cutting edge, novel but classic.
  • In a world like this, brand matters more than ever, but the competition to keep brands and trademarks defended, and relevant, is one of the greatest business challenges managers face.

Continue reading President & CEO of Levi Strauss & Co., John Anderson, Discusses Brand Name Protection >>

Brandjacking Costs Hotels over $2 Billion a Year

Update: Keyword search engine bidding cost hotels $ billions


According to a recent report on brandjacking done by MarkMonitor ®,  the top online hotel brands lose over $2 billion a year as a result of brandjacking.  The losses stem from competitors bidding on their company brand name in keyword search advertising programs such as Google’s Adwords.

The study identified over 2,100 instances of cybersquatting on the five brand names, where the registrant of the domain name was not the registered trademark owner of the brands.  These cybersquatted domains generate traffic of 57 million page visits per year. 

Wednesday, 11 May 2011

Should I Sue for Trademark Infringement? | Trademark Law Firm Tips

Clients often call with trademark infringement issues.  A trademark attorney can help you understand whether or not there is a likelihood of confusion between a third party use and your trademark.  Consumer confusion is, of course, the key to proving trademark infringement.  In this Trademark Law Radio Show, a trademark attorney discusses:

  • So, you've determined that someone is infringing your trademark.  Now, you need to know whether or not to send a trademark threat letter or sue for trademark infringement.
  • A trademark infringement lawsuit can be a complicated and expensive endeavor.  An experienced trademark lawyer can help you understand whether filing a lawsuit will provide a positive return on investment or is otherwise critical to your trademark protection program.  

I’m an experienced trademark attorney, and I’m going to try and help you understand some basics about trademark law.

Trademark infringement is becoming more common as more people turn to the Internet to search, shop and do business online.  More companies are displaying their goods and services on web pages.  Web site operators are displaying other people’s goods and services on their web pages.  More and more people go to the Internet every day for a variety of commercial activities. 

There are hundreds of millions of pages loaded each day across the Internet.  All of that activity has attracted “Black Hats" who target famous brands and trademarks in order to divert traffic from you and profit off your mark and the good will with your customers.

Continue reading Should I Sue for Trademark Infringement? | Trademark Law Firm Tips >>
Monday, 09 May 2011

Trademark a Name: Apple’s Brand is now worth Half of Its Market Capitalization

Clients often wonder why it is so important to register a brand as a trademark.  The answer is return on investment.  A trademark, properly registered and protected, can provide tremendous worth to your company.  If someone down the line seeks to value your company, they will value your trademarks as well. 

In the case of Apple, it is now estimated that the Apple brand itself is worth $153 billion, almost half of Apple’s market capitalization.  That’s right.  Half of the value of Apple is bound up in its trademarks.  Not only do they register their names and brands as marks, but they protect those brands and names from third party infringement as well. 

If you want to download the full report of the top 100 most valuable global brands (estimate value of $2 Trillion), you can check out the brandz.com website.

Trademark Blog Homepage: Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement

Trademark Infringement: Cease & Desist Letter Help

  • Trademark Threats: 6 Reasons To Take Them Seriously
    Trademark attorney Enrico Schaefer explains what you should do when you receive a trademark cease and desist letter. Listen as he reviews 6 reasons why you should take any trademark threat letter seriously, and what you should do when you receive a cease and desist.
  • How to handle a trademark cease and desist letter?
    Trademark Attorney Brian Hall discusses what you should do when you receive a trademark cease and desist letter. What a trademark threat letter? Why trademark owners send trademark threat letters? What you should do when you receive a trademark infringement threat letter.

How to Trademark A Name?

  • How to Register a Trademark - USPTO Stopfakes.gov
    You can establish rights in a mark based on legitimate use of the mark. However, owning a Federal trademark registration on the Principal Register provides several advantages ... here is how.
  • Types of U.S. Trademarks - USPTO Stopfakes.gov
    Specific types of trademarks include: Service marks which identify and distinguish the source of a service rather than a product; Certification marks are used by someone other than its owner, to certify quality or other characteristics of such person's goods or services; Collective marks are trademarks or service marks used by the members of a collective group or organization.
  • Definition of a "Trademark"- USPTO Stopfakes.gov
    A trademark includes any word, name, symbol, or design, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
  • How To Copyright and Trademark a Catchphrase!
    Wondering how to trademark a catchphrase? You should also think about how to copyright a catchphrase. Some intellectual property can be protected by both a trademark and copyright registration.

ARCHIVES

© 2011 Traverse Legal, PLC. All Rights Reserved.
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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan