trademark
What’s in A Name? Everything If Your Name Is Kylie Jenner
We’re saturated with Kylie Jenner. She has a celebrity. She’s all over reality TV as a Kardashian adjunct. She regularly graces the covers of tabloids. She has tens of millions of followers as a social media icon. She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories….
Always Use Protection! – Submitting Your Ideas Without Getting Ripped Off
Just about everyone at one time or another has come up with an idea for a movie, TV show, product or service. They’ve seen or are aware of how much money can be made in such endeavors, figure their ideas are as good as anyone else’s, if not better, and decide to take a shot…
What is the ‘Right of Publicity”?
Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued…
Homemade Inventions Deserve Patents, Too
In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or…
Protecting Jewelry Designs
Sales of Jewelry have been soaring over the past decade, with worldwide sales in 2016 totaling over US$300 billion dollars. Helped by instant world-wide access provided by Social Media, many jewelry designers have found themselves on the short end of the stick when their designs are pilfered. This article addresses various intellectual property tools that…
“The Slants” Win the Supreme Court Battle Against the Patent and Trademark Office
Seven years ago, the Asian-American Rock Band from Oregon started an application to register their name, “The Slants” as a Trademark. The USPTO, who didn’t seem to appreciate the irony of this name rejected the registration based on the Lanham Act. According to the national office, an Asian-American Band using “The Slants” to identify themselves…
Supreme Court – Conceptual Separability Analysis
Traditionally, the principle is: Clothes are un-copyrightable useful works. In apparel, it is possible to protect an original design with copyright. Then, you can use this design on fabrics by screen printing or embroidering. The design will be protected but the clothe in which the design appear won’t be! However, there is an exception to…
Beyonce Filed Application to Register Blue Ivy Carter's Name with USPTO
Beyoncé has filed an application to register her 5-year old daughter Blue Ivy Carter’s name with the U.S. Patent and Trademark Office (“USPTO”) for use on everything from hair care to clothing, mobile devices and video games, among a number of other classes of goods. In 2012, shortly after Blue Ivy’s birth, Beyoncé and husband…
Homemade Inventions Deserve Patents, Too
Some people still believe that patents can only be issued for exotic and high-tech inventions. However, U.S. patent law does not require that a new device, product or process resemble something from a science fiction movie; a useful modification or improvement of an existing device may also be worthy of patent protection. A patentable device…
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