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Protecting Your Trade Dress

Posted by Brandon Selinsky on Dec 6, 2016 8:08:42 PM

What is the difference between Trademark and Trade Dress?

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act.[1] It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and graphics. Trade dress can be the design of a product (the product shape or configuration), the packaging in which a product is sold, the color of a product or of the packaging in which a product is sold, or even the flavor of a product.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, trademark law attorneys

Alcohol Tobacco Tax Trade Bureau--Managing Our Vices

Posted by Brandon Selinsky on Dec 3, 2016 3:33:50 PM

Who's in Charge of the Beer?                                        

In the realm of brewing, the Alcohol and Tobacco Tax Trade Bureau, or TTB, evaluates things at several different stages:

  1. Operations approval
  2. Formula approval
  3. Beer label approval

Great American Beer Festival season is upon us and our turns our thoughts to beer.[1] In recent years, discussions of brewing law have often revolved around trademark disputes, which have become increasingly contentious and numerous. But trademark disputes are like the early arrival of pumpkin beers: we need a break from all that. Instead, we are going to look at the decidedly less sexy—but equally important--topic of the TTB.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, Trade Mark Attorneys

Crafting a Trademark Application for Your Craft Brew

Posted by Brandon Selinsky on Apr 14, 2015 7:18:57 PM
<em>Authored by <a title="Brandon Selinsky" href="http://whitcomblawpc.mystagingwebsite.com/attorneys/brando-selinsky-trademark-and-copyright/" target="_blank">Brandon Selinsky</a></em>

Brewing Trademark Applications

Brewers and brewery owners, be diligent in your naming. The collaborative solidarity of the brewing community fissured long ago. It’s not gone--there still exists a wonderful collection of craft beer producers who will walk 10 miles uphill both ways in a snowstorm to loan you a sack of grain. Great value exists in fostering and supporting that community. But protect yourselves. You operate a business. Just as you lock your doors at night to protect your brewing assets, so should you do what is necessary to secure your company’s intellectual assets.

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Topics: Government Procurement, Trademark Attorney, Intellectual Property, intellectual property law, trademark law, trademark law attorneys, trademark lawyers, trademark protection

Youtube Advertising and Copyright Infringement

Posted by Brandon Selinsky on Jan 5, 2015 8:09:14 AM

Can advertising on Youtube lead to copyright infringement?

YouTube, the ubiquitous video-sharing website now owned by Google, has become a launching ground for individuals and businesses seeking to increase their recognition.  Many international businesses have used the site as an inexpensive means of international marketing.  An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising.  Red Bull’s YouTube channel is a great example of an effective use of YouTube.  However, many small businesses use the site as well, and when they do, they place themselves at risk of being sued if certain precautions aren’t taken.  Unfortunately, without in-house legal teams overseeing their every move, small businesses are at higher risk than large corporations.

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Topics: Intellectual Property, Copyright Infringement, Copyright Law, copyright lawyers, intellectual property law

Can Broadcasters Protect Their Media Rights in their Broadcasts?

Posted by Brandon Selinsky on Nov 1, 2014 4:54:28 PM

What media rights, if any, are associated with broadcasts?

Fans of football, soccer, tennis, and even enthusiasts of the Olympic Games can all now enjoy listening and sharing in the excitement of these games through advanced broadcast technology.  Advances in the communications technologies such as cable, broadband, direct TV, mobile internet and satellite have transformed the viewing ability of millions across the globe.

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Topics: Intellectual Property, Copyright Law, intellectual property law

Parody Protection From Copyright Infringement

Posted by Brandon Selinsky on Oct 4, 2014 10:29:45 PM

Is copyright infringement ever funny?

If you've ever watched TV, listened to the radio, or been to a movie, you have likely witnessed a parody, whether you were aware of it or not.  A parody is an “imitative work created to imitate or comment on an original work, its subject, author, style or some other target by means of satiric or ironic imitation.”  By its very definition, a parody draws upon an original work by either using the same scenes, plot, actors or music.

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Topics: Intellectual Property, Copyright Infringement, Copyright Law, intellectual property law

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