Hodgson Legal

Top Articles for Wednesday the 4th

An Arbitrary Trademark spun from Cotton Candy

A recent filing at the U.S. Trademark office for the mark COTTON CANDY is a terrific example of an otherwise generic term that has been used as an arbitrary mark. At the same time it’s also a mark that is suggestive,

The Kitchen Boulder v The Kitchen by Wolfgang Puck – a food fight

The Kitchen is suing to prevent Wolfgang Puck from registering the mark THE KITCHEN BY WOLFGANG PUCK. The Kitchen knives are sharpened and the dueling Chefs are ready for battle.

Understanding the Trademark Consent to Use Agreement

Trademark consent to use agreements are routinely used by trademark attorneys in proceedings to register trademarks before the U.S. Trademark Office. Such agreements are also called also called coexistence agreements, or live and let live agreements. The most famous example of a trademark consent to use agreement that was violated than that entered into in 1981 between The Beatles and Apple Computers.

Genericide: A Silent Killer

Genericide is a process whereby a brand name or trademark is transformed through popular usage into a common noun. Aspirin, zipper, escalator, thermos . . .

Brands That Last Are Built on Three Legs

A memorable, enduring brand that speaks your customers rests on three legs–Create. Build. Protect. Each is separate, yet interrelated and equally important. Ignore one, and you’re left with a two-legged stool, wobbly to say the least.

Trademark Registration in this picture: Can you find it?

Trademark registration can be obtained for the appearance of a product or service. New brands should not forget to protect trade dress

Internet Domain Bully aka Reverse Domain Name Hijacker

Not all third party registrants of domains containing a trademark are cybersquatters. Some are innocent domain owners. How does one recognize the innocent and how do they defend against over zealous trademark owners?

Found: Brand License Revenues of $1 Billion!

On average 90% of brand license royalty audits reveal underpayments to the brand owner. Over 10 years, one firm found over $1 billion in lost revenues.

How to trademark a hashtag #hashtag #®trademark

Should you seek a trademark registration for a hashtag, and what does it take to successfully register? Here’s what you need to know to successfully register a #hashtag as a federal trademark.

Trademark for Artist Names

How does one secure a trademark for artist names, or names of music groups for musical recordings or videos? The general rule is that neither an author’s name nor a group or individual’s cannot be protected for books or musical recordings for a single work.

Brand Marketing Viewed Through the Brand Lens

Use the brand lens to ask how each management decision you make will affect your brand. If you have a strong brand strategy – one that you believe in – then, by all means, make the decision that will do the most to help you keep your brand promise.

Cyber Security for your Trademarks

Cyber security for registered trademarks is now available by registering with the Trademark Clearinghouse. Are your trademarks secure from online thieves?

Videos
Brandaide Conversations
Interviews with Experts

HBO’s John Oliver on Patent Trolls
BLUE IVY the Brand
Register a Trademark? If you don’t, territorial rights are an issue
How to Create Trademark Rights in Your Website
TOMS “One for One”-Copy that, Copycats?
Keep Calm and Carry On
Startup? Register a Trademark
Why Are Pepsi and Apple Good Trademarks?
  • HBO’s John Oliver on Patent Trolls

  • BLUE IVY the Brand

  • Register a Trademark? If you don’t, territorial rights are an issue

  • How to Create Trademark Rights in Your Website

  • TOMS “One for One”-Copy that, Copycats?

  • Keep Calm and Carry On

  • Startup? Register a Trademark

  • Why Are Pepsi and Apple Good Trademarks?

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