Trademark Articles

How important is a name? As individuals, a name is synonymous with one’s identity. Is it any different for a company? Small and large companies spend significant time and resources developing the names associated with their goods and services. You would think that a commensurate amount of resources are spent on clearing and protecting a brand name. Unfortunately that is not the case.

Apparel companies use a variety of methods to protect the designs of their products. Often, trademark and trade dress registrations are used to protect the apparel design of a company’s product from duplication by third parties without permission. Recently, however, there has been a trend by courts toward limiting the scope of trademark and trade dress protection for apparel products.

Riddle me this—how can a company be liable for trademark infringement when the infringing material is invisible to a consumer?  The answer—by using trademarked phrases in a company’s metatag.
 

Numerous conflicts exist between federal and state laws regarding the legality of medical marijuana use.  One issue resulting from the conflict is a cannabis company’s inability to obtain trademark protection for its brands.  Under federal trademark law, a trademark registration will only be granted in connection with goods and services lawfully regulated by commerce.  Because marijuana, a Schedule 1 controlled substance, is illegal under federal law, marijuana and related paraphernalia are incapable of procuring trademark registration.  

If you’re looking to protect the design of your product, trade dress registration and a design patent are two sound options.