Wilkes Barre, PA – Charles Riddle of Riddle Patent Law, Scranton, PA spoke on patents, trademarks, and copyrights.
Posts Tagged ‘Trademarks’
Phish, Inc. Gets Temporary Restraining Order Against John Doe Wookies for Swinging Infringing Merchandise
Friday, June 12th, 2009Just before the 2009 tour, Phish, Inc. lands a temporary restraining order to stop the unauthorized sale and distribution of Phish branded merchandise. The suit names John Does 1-100 and ABC Corporations 1-5 (a.k.a. hairy unbathed partly dazed parking lot people) as infringers of the valuable trademarks of the Phish empire. The United States District Court for the Eastern District of Virginia, granted the TRO on March 6, 2009 (the opening date of the tour, I believe). More information here.
They won’t steal their poor heart Trade-Mark again. . . . . .
Top 10 Trademark Guidelines All Companies Need To Know
Monday, May 4th, 2009- Pick a trademark that is not confusingly similar with an already existing brand – especially where the prior brand is for related goods, or the prior brand is well known. It seems quite obvious but, in most cases, simpling changing a few letters of some other brand name well not keep you free from infringement. Confusing similarity between brands is measured, in part, by, comparing the elements of sight, sound, and/or meaning. Infringement can stem, from a finding of similarity in any one element.
- Don’t pick a brand name that defines or describes the goods or services you provide. These are weak trademarks that are more difficult to protect. Examples of defining / generic terms include: BREW for beer or FOOTWEAR for sneakers. Examples of descriptive terms include LIGHT for low calorie beverages or COTTON FEEL for clothing.
- Conduct a search before you launch your brand. You don’t want to face changing your brand name after you spent large amounts of time and money building recognition. Similarly, you don’t want to be precluded from operating in other countries because someone else uses a confusingly similar name for related goods or services.
- Secure registrations in the countries you sell to or expect to sell. This will help you avoid being blocked and may help you to stop knock offs. If you seek alliances with foreign businesses, keep in mind that many manufacturers and distributors refuse doing business unless the trademark registration is in place.
- Use trademark license provisions in your marketing and distribution agreements. These provisions give the parties specific terms governing how they operate. They also can give the owner contractual rights and remedies that can be enforced if the deal goes sour.
- Respect the brand by using the TM or ® designations where appropriate. In the U.S., the TM designation tells others you are treating the name as a trademark. The ® designation tells others that the name is a registered trademark, and the ® should be used with the goods or services listed in the trademark registration.
- Follow up by ensuring your trademark remains in use with your goods and services. If the brand’s trademark has changed over time, or the goods / services have changed you may need to amend the registration or apply for a new one.
- Protect your non-trademark intellectual property by securing copyright, patent, or design patent registration where applicable. Your product packaging artwork often screams brand identity and also should be secured to the extent possible with a copyright registration. The design of the product itself may be protected by a utility patent if the conditions of patentability are met. Similarly, the product itself or the design imprinted on a product may often be protected by copyright or design patent. This belt and suspenders approach often helps fight against brand erosion.
- Be vigilant by looking out for newcomers to the market that may be using your intellectual property without authorization. Enforce your rights if you find anyone conducting such unauthorized activities. Your failure to enforce your rights over time may provide the “bad guy” with a defense to an action for infringement.
- Get professional help. If you seek answers, retain counsel to look into your specific situation. This way you will get thoughtful consideration of your facts as they are applied to the relevant law. This brand protection info is generalized and exceptions may apply under your particular situation. This rules may change with time and also with jurisdiction.
Attorney Charles L. Riddle ’97 to Guest Lecture at Wilkes University
Tuesday, March 24th, 2009Charles Riddle will be speaking to the undergraduate Feasibility Analysis class on March 30, 2009 – providing insight into his practice as an intellectual property attorney.
He will briefly discuss the legal theory of patents, trademarks, copyrights, and trade secrets and how they translate into a competitive advantage asset in business.
He will also discuss his experiences with individual inventors, businesses and universities of the Northeast Pennsylvania, Scranton / Wilkes Barre region.
For more information, and inquire about attending the lecture contact:
Ellen Raineri, Ph.D.
The Jay Sidhu School of Business and Leadership
Wilkes University
About Charles Riddle, ESQ.
Thursday, February 26th, 2009
Charles Riddle ESQ.
Mr. Riddle has worked on the application of patents, trademarks, and copyrights in the United States and abroad. He has also been involved in numerous patent, trademark, and copyright litigation in the federal courts. He has undertaken internet domain name disputes and prosecuted international trademark applications before the World Intellectual Property Organization.
Welcome to the Charles Riddle Patent Law Blog
Saturday, January 17th, 2009Welcome to the official Intellectual Property blog of Scranton Patent Lawyer, Charles Riddle. Here at this blog we will be discussing industry news and lessons learned related to Intellectual Property Management.