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The Trademark Battle of the Golden Chocolate Bunnies

Every Easter, chocolate bunnies of various shapes and sizes can be found in most grocery store. Some bunnies even sport a recognizable gold wrapper—including the Lindt gold bunny.  A German federal court recently ruled that Lindt & Spruengli’s gold bunny, specifically its golden shade of foil wrap, is a protected trademark. The verdict comes after […]

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The Great Monkey Beer Trademark Dispute

Trademark disputes are common in the craft beer industry.  The abundance of craft beers all over the country results in similarly-named breweries and beers quite often.  While obtaining a federal trademark is usually a good idea if you are selling and advertising your beer/brewery in more than one state, this abundance of breweries results in […]

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One Man Holds Many Possible Trademarks For The “New” Washington Redskins

The NFL team is changing their name. Will a “Trademark Troll” profit from it? The Washington Redskins announced this week that they will be changing their team name after mounting criticism that the name is offensive to Native Americans. https://abcnews.go.com/US/washington-redskins-change-years-backlash/story?id=71744369 However, one fan has already jumped on trademarking potential options for new team names for […]

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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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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 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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The Importance of Naming Your Business Correctly

When starting a new business, there are so many issues to concern yourself. Forming a company. Registering with the city. Filing taxes. Obtaining insurance. Hiring people. Forming partners. Opening a bank account and a merchant account. Finding customers, then fulfilling orders or providing services. Trying to get paid. Meeting payroll. Finding the right vendors. Naming […]

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IHOP is Now IHOB: Can it Work for Me?

IHOP versus IHOb IHOP recently pulled off a major marketing gimmick with their name change to “IHOb.” The change has drawn criticism from many, but it certainly got people talking. As far as marketing is concerned, it would be hard not to consider the change a success. In fact, if IHOP’s sales experience the spike […]

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Can you be sued for thanking your customers?

Intellectual Property Abuse Here at Law 4 Small Business, we love intellectual property.  We love helping businesses that develop and protect their ideas.  And we think that America’s intellectual property laws have played a significant role in making our economy the world’s largest.  But while strong intellectual property laws promote economic growth, they also have […]

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