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Category: Trademark Law

Trademark Law
—  By James W. GallenJuly 19, 2016mode_comment0 Comments

Will Your Startup’s Name Lead You To Trademark Litigation?

Let’s start out with a scenario that may be familiar to some of you. You’re starting a new company, or launching a new brand for your existing company. You have everything planned, even down to the brilliant name that you envision being mentioned in the…
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Copyright Law Patent Law Trademark Law
—  By Joseph RolnickiApril 28, 2016mode_comment0 Comments

What Do I Need to Protect My Invention, a Copyright, a Trademark or a Patent?

I often speak with owners of small businesses or start ups that want to protect their new product or ideas from being copied by competitors. Some tell me they would like to copyright their new product or idea. Some tell me they need a trademark…
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Patent Law Trademark Law
—  By Don V. KellyMay 26, 2015mode_comment0 Comments

The Sharp Startup: Why We Don’t Trademark Anything

Clients often ask me: “Can we trademark this?” or “Should we trademark this?” I respond bluntly, but politely: “In the United States, we do not “trademark” anything.” Admittedly, I can be an annoying verbal perfectionist. However, the true reason I respond bluntly is because it…
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Business Law Trademark Law
—  By Don V. KellyApril 22, 2014mode_comment0 Comments

Inherently Confusing: Bikes and Trademarks (Part 3)

What we Learned From the Specialized Trademark Incident Part 3 – The Internet Determines Whether Marks are Confusingly Similar. In my last post, I followed upon the discussion of the Specialized trademark saga. That saga provides another important pointer for trademark practitioners. A trademark can…
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Business Law Trademark Law
—  By Don V. KellyApril 14, 2014mode_comment1 Comment

Inherently Confusing: Bikes and Trademarks (Part 2)

What we Learned From the Specialized Trademark Incident Part 2 – Never Miss an Opportunity to Publicly Scold Your Competitor. In my last post, I opened a discussion on the Specialized trademark saga, with the goal of highlighting what hard rules, according to the Internet,…
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Business Law Trademark Law
—  By Don V. KellyApril 7, 2014mode_comment0 Comments

Inherently Confusing: Bikes and Trademarks (Part 1)

What We Learned From the Specialized Trademark Incident… Part 1 – Always Investigate the Infringer’s Military Service History People always complain: Why must everything in the law be so uncertain? What happened to black and white rules of law? How come everything involves a multi-factor…
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