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Frost Bank in San Antonio Encounters Patent Lawsuit

Frost Bank in San Antonio has been served recently with a patent infringement lawsuit by company Lupercal LLC. The lawsuit identifies Dallas as Lupercal’s place of business, yet there is no entity by that business name registered to do business in Texas, according to the Texas Secretary of State. Lupercal LLC appears to be a […]

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™ vs. ® – The difference between them.

Next to most logos or brand names, you can find either a ™ or a ®.  Obviously, they must have some significance, but what is the difference between the two symbols? First and foremost, the ™ means that the mark is being used as a trademark to denote the source of the goods.  It should […]

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Answering Demand Letters Regarding Your Website

As an attorney who deals with hi-tech cases, a few clients have expressed to me a situation that I feel any business owner who has a website should learn from.  The situation involves business owners that paid an independent contractor to build their websites. Unconcerned with where all the images came from, they never asked […]

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Copyright Law and The Phillie Phanatic Lawsuit

The Philadelphia Phillies’ mascot, the Phillie Phanatic, may soon not be the property of the Phillies.  How and why this could be are interesting questions that teach us a part of copyright law that not everyone is aware of.  A little background regarding the Phillie Phanatic is appropriate, but I don’t want to get hung […]

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OSU’s Confusing Trademark Application

Ohio State University has filed a trademark application with the United States Patent and Trademark Office for “THE,” in international class 25 for use on clothing, namely, t-shirts, baseball caps, and hats.  Ohio State has frequently, much to the chagrin of anyone who did not attend the university, referred to it as “The Ohio State […]

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Likelihood of Confusion in Trademarks

For many businesses, brand name protection is one of their most important assets. Brands helps customers identify a particular business as the source of that business’s goods or services. And once consumers find a brand they like, they’re loyal to it. Take Corona, for example. Come Cinco de Mayo every year in the U.S., you […]

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Trademark or Cultural Appropriation?

Kim Kardashian is in the news again, perhaps she never really left the news, but this time for a Trademark issue. She is trying to Trademark the name KIMONO for her shape wear line. A Kimono is a traditional Japanese garment. Although KIMONO is obviously spelled the same as the Japanese garment, it is a […]

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YouTube’s Copyright Rules

As a content creator, it’s important to know the rules when it come to making, editing, and publishing videos on YouTube.  One aspect of creating videos for YouTube is having great music to accompany your video which will emcourage the viewer to keep watching.  According to Time Magazine, we now have a shorter attention span […]

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Cultural Intellectual Property Issues

A company in the mainland US recently trademark ALOHA POKE for a chain of restaurants, and subsequently sent cease and desist letters to restaurants throughout the country. [abc news]  Hawaiians were, understandably, not happy with this effort to trademark a cultural and traditional expression that was very important and had great meaning to them – […]

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