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We do a lot of work around Intellectual Property (IP). Learn about IP matters such as Copyrights, Trademarks, Trade secrets, Patents, Trade dress and more.

Would a Trademark Attorney Have Helped Olivia Jade?

The recent college admissions scandal has been abundant in the media in recent weeks. The story continued to grow yesterday when the US Patent and Trademark Office officially rejected Olivia Jade Beauty’s trademark application due to punctuation or more specifically, the lack thereof. The trademark officer, after reviewing the application, felt that the details for […]

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What do I do if someone has copied my website?

Your company’s website is one of the most important pieces of your Business Plan. With more and more news of “The Retail Apocalypse” hitting brick and mortar stores like Sears, J.C. Penney, and Victoria’s Secret; it’s important to ensure your website is bringing you the business you need while simultaneously standing out from the competition. […]

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What are Trade Secrets?

Trade secrets are a type of intellectual property (IP), but unlike the other types (copyrights, trademarks, and patent), there is no filing with the government to protect your rights.  A trade secret can by any formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not commonly known and that was […]

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What is the supplemental register for trademarks?

When one door closes another opens… So, you’ve received a rejection on your trademark application stating that the mark is descriptive.  You can try to overcome the rejection, but if you’re unsuccessful, one option may be to move the mark to the supplemental register. “Since the enactment of the law in 1946, the Supplemental Register […]

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Non-Distinct Office Actions

We discussed on our previous post what Office Actions are when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome.  The Examiner has issued an Office Action stating your mark was not distinct, meaning it […]

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A Non-Substantive Trademark Office Action

On our previous post we discussed what a Trademark Office Action is when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome.  The simplest Office Action is one dealing with non-substantive issues, such as insufficient […]

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Darth Vader and the Copyright Issues

Photograph by Mike, distributed under a CC-BY 2.0 license. Most Star Wars fans have now seen the Darth Vader video titled “Vader Episode 1: Shards of the Past” on YouTube, created by Star Wars Theory.  Star Wars Theory is a popular Star Wars-focused YouTube channel that typically generates revenue from ads.  However, prior to the […]

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The DuPont Factors and Trademarks

We discussed in a previous post what an Office Action is when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome. Likelihood of confusion is an Office Action that you can avoid by looking at […]

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Trademark Coexistence Agreements

A rejection received for many trademarks filed with the USPTO is likelihood of confusion, meaning the applied-for mark is confusingly similar to a registered mark. Overcoming a likelihood of rejection is done by arguing and analyzing the DuPont factors , and sometimes, trademark coexistence agreements may be helpful in overcoming the rejection as part of […]

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What is a “Poor Man’s Copyright?”

A lot of us have heard of a “poor man’s copyright” where you simply mail yourself something you want to have copyrighted. You then do not open the envelope and it is sealed with your copyrighted material, dated with the USPS stamp. But is that a real thing? Know the facts about a “Poor Man’s […]

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