Trademark Law
Do-It-Yourself Trademark Applications: Penny Wise; Pound Foolish
April 25, 2013Trademark protection is a key part of corporate due diligence, serving to improve the value of company’s chief intangible assets. Too many business owners, however, mistakenly believe that seeking trademark protection merely involves filing a form with the United States Patent and Trademark Office (USPTO). They forego legal counsel, assuming they can secure protection themselves and save some money. In the end, they are often surprised by the complexity of the trademark registration process. Here are seven traps that often befall do-it-yourself trademark applicants.
Read More...Risky Pinterest Business? Questions on Intellectual Property Protection and Brand Promotion
December 5, 2012Pinterest’s announcement last month that it would allow the creation of business accounts seemed a welcome development. After all, the site had always encouraged authenticity but had not been welcoming authentic commercial use. Now businesses can come out of the shadows and claim their board’s business pages. In so doing, they still face many unanswered questions.
Read More...Legal Response to Newcomers’ Concerns in Launching Social Media Campaigns
November 12, 2012October, 2012 was a busy month for social media panels in Westchester, NY where my offices are located. I spoke at the Westchester County Bar Association about “The Evolution of Lawyers’ Ethics: Traps in Traditional Transactions and in the Use of Social Media” and at the Ad Club of Westchester on “Real World Successes (and Lessons Learned) with Social Media.”
Read More...How To Give Your Brand’s Advertising Increased Free Speech Protection
May 24, 2012As advertising content becomes more sophisticated and crosses over into entertainment, it is becoming more difficult to distinguish commercial from noncommercial speech. Why does this matter? The First Amendment affords a higher degree of protection for noncommercial speech than commercial speech. A recent lawsuit between Michael Jordan and Jewel Food Stores, Inc., a grocery chain, erodes the line between noncommercial and commercial messaging.
Read More...What Do the New gTLDs Mean for Brand Trademark Protection?
April 26, 2012The Internet will soon expand as ICANN grants a new group of generic top-level domain names (“gTLDs”) in coming months. Instead of only the usual “.com” or “.org” suffixes to which we are accustomed, we will now start to see “.yourbrand” website addresses. While the deadline for a brand applying for its own gTLD has passed, marketers still need to pay attention to this development. The new gTLDs will bring in a flood of cybersquatters. Any brand whose customers find them by searching the Internet or any brand that generates revenue on the Internet should work quickly with legal counsel to create an action plan to protect its trademarks.
Read More...Branding on Pinterest: How to Avoid Legal Liability
March 6, 2012Last week, I suggested in my post that unless Pinterest addresses the legal issues inherent in its business model more responsibly, it cannot reach maturity as a social media website. I suspect that over time, we may see Pinterest evolve, but how can brands establish themselves on Pinterest in its current format with its existing terms and conditions? Below are some steps to take in developing a Pinterest branding strategy that minimizes legal risk.
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