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Geographically Descriptive Trademarks--Why Not?

Posted by Brandon Selinsky on Mar 14, 2017 3:18:33 PM

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Why Can't I use my home town as my brand?

A trademark is part of your branding, a way to identify the source of your product or service. In many ways, the stronger the brand, the stronger the trademark. However, there are situations when common branding rules diverge from the United States Patent and Trademark Office’s (PTO) rules. One such situation is when the mark reflects the geographic source of the product or service, known as geographic descriptiveness.

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

The Pink Trademark Dispute-Not Just a Color Anymore

Posted by Brandon Selinsky on Jan 17, 2017 3:09:42 PM

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Topics: Trademark Attorney, Intellectual Property, trademark law, trademark lawyers, trademark protection

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

Is The Washington Redskins Logo Offensive? Is That Enough To Cancel Its Trademark?

Posted by Brandon Selinsky on Dec 22, 2014 10:48:10 AM

When is a logo offensive enough to prevent registration with the USPTO?

The Washington Redskins are the professional football team located in Washington D.C.  Forbes Magazine ranks the Redskins as the third most valuable franchise in the National Football League (NFL), and as of 2013 they were valued at approximately $1.6 billion. In addition, the Redskins’ history includes being the first team in the NFL to have an official marching band and to also have the first team fight song, called “Hail to the Redskins.” The logo for the team is represented by a Native American with feathers in his hair, pictured all over the Redskins official website here.

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Topics: Trademark Attorney, Intellectual Property, trademark law, trademark protection

Chuck Taylor Shoe Design And Trademark Protection

Posted by Brandon Selinsky on Nov 1, 2014 3:27:05 PM

Can the style of a shoe be subject to trademark protection?

Converse All Star shoes, with their white soles and laces and color-blocked sides, are instantly recognizable. According to Nike-Converse, Inc., the famous Chuck Taylor All Star sneaker “look” merits trademark protection.  If they’re right, it could spell big trouble for over 30 U.S. and foreign-based companies in the New York lawsuit, including major players like Walmart and Ralph Lauren. Converse is also asking the International Trade Commission to ban all imports and sales of Chuck Taylor look-alikes.

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Topics: Trademark Attorney, Intellectual Property, trade dress, trademark protection

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