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Protect Your Software with Patents, Copyrights and Trademarks
2008-06-06 17:47:00 You've spent thousands of hours developing a new software program. Now how do you ensure that your competitors don't copy your program and steal your market? The sad truth is you can't, as Apple discovered when Microsoft "borrowed" its graphical user interface to build Windows and corner the PC operating system market. ...SHARETHIS.addEntry({ title: "Protect Your Software with Patents, Copyrights and Trademarks", url: "http://www.devtopics.com/prote-ct-your-software-with-patents-c-opyrights-and-trademarks/" });
Apple trademarks iPod’s design, applies for iPhone design mark
2008-05-13 22:28:00 Quick, what’s the best way to dress up an otherwise dry piece on how companies can register non-traditional trademarks? If you answered “mention Apple and the iPod,” you’re the big winner—and you’ve gotten yourself published in the Wall Street Journal. read it here engadget.com
By: iPhonetunes
Fantastic Sams Sues Rival Regis for Not Removing Trademarks from Premises
2008-05-08 03:27:00 &-nbsp; On May 5, hair salon franchisor Fantastic Sams Franchise Corp. filed suit in the Western District against rival hair salon franchisor Regis Corp. and other defendants. Fantastic Sams allege-s that Regis convinced the corporation that owned the right to develop and grant third parties FANTASTIC SAMS franchises in the Seattle-Tacoma market to sell its salons to Regis. Fantastic Sams alleges that immediately after closing on its purchase, Regis began operating the salons under its HAIR MASTER brand but failed to remove all of the FANTASTIC SAMS marks from the premises. This, Fantastic Sams alleges, is likely to confuse consumers and amounts to service mark infringement and unfair competition.Regis has not yet filed an answer.The case cite is Fantastic Sams Franchise Corp. v. Regis Corp., No. 08-706 (W.D. Wash.).
Google to allow bidding on Trademarks in the UK and Ireland
2008-04-08 06:51:00 Up to now it has been possible for brands in the UK and Ireland to prevent competitors from bidding on Trademarked terms by submitting a Trademark complaint. A...
Your Domain Name Trademarks Questions Answered
2008-04-04 07:00:00 A frequent question among Internet entrepreneurs is “Can I trademark a domain name?” The answer is yes - in some cases. Generally, the rule is that you can trademark a domain name if it is original and not just a combination of ordinary dictionary words. Legal authority NOLO dot com has the following to say ...
By: Resources zone
30 Years of Seattle Mariners Trademarks
2008-04-02 06:05:00 As I write this, the Seattle Mariners are 1-0 in the 2008 season. At this rate, they’ll not only make the playoffs for the first time in seven years — they’ll win the World Series with an undefeated record. Ah, the optimism a new season brings. In recognition of this special time, I thought it would be fun to look at my ball team’s registered trademarks over the years. Turns out they have had 18 total applications and registrations, with eight currently listed as “live.” Only three real logos of note, which roughly divide my years as a kid, teenager, and lawyer. Let’s hope the current one brings them luck this year.
Trademarks and PPC-the legal landscape unfolds
2008-04-01 08:25:00 We often have Clients inquire regarding what actions to take when a competitor "steals" their brand name or trademarked products/services. I came across an article (http://searchengineland.com/07-0903-150021.php) that summarizes several important cases of recent past. These would provide an excellent point of reference allowing for research in greater detail on a number of issues relevant to Companies today trying to protect their hard won Brand Reputation. There is a great deal more than initially incorporated in determining the rights of a trademark holder and as with most aspects of the law-there are still many shades of grey that have yet to be clarified. This is an area of the Search Engine Marketing and Pay-per-Click industry that will be unfolding for years to come and represents the interests of many companies that have either already incorporated Search Engine Marketing into their Integrated Marketing Mix and those who have yet to put their t...
Information on Patents, Copyrights, and Trademarks.
2008-03-25 01:22:00 This is all from my “patent, trademarks, and copyrights” file. It’s just a dump of the word document so excuse the poor formatting, which I have also uploaded to be downloaded for free here in a convenient word document. (Right click > save as) Information on Patents, copyrights and trademarks All of the following data was ...
Article : Warning! Your Domain Name Could Infringe On Trademarks
2008-03-18 21:42:00 Posted by Al Martinovic If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.So with that said, just because yo...
Moving Supply - Trademarks Of Good Wholesale Moving Supply!
2008-02-15 00:00:00 When you have a whole lot of goods and furniture that you need to relocate, the costs involved can go sky high. Purchasing a well-designed and quality service from companies committed to helping you move your stuff can put quite a dent in your wallet.There is nothing wrong with looking for a cheaper service ...
By: Resources zone
[Interesting] Lawyer trademarks his ?Mr Loophole? nickname to prevent other
2008-02-07 04:12:00 (Some Guy)
Article : Warning! Your Domain Name Could Infringe On Trademarks
2008-02-03 17:24:00 Posted by Al Martinovic If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.So with that said, just because yo...
Activision Trademarks New GH Game - SendMeRSS
2008-01-30 16:01:00 Activision Trademarks New GH GameThe Guitar Hero franchise has rocked its way to every current-gen console and is netting Activision enough cash to trash entire hotels. A year ago they announced the series would be coming to the Wii and the DS. The Wii version has already arrived, but a DS version hasn’t been talked about yet. On January 19th Activision registered a product called “Guitar Hero On Tour” with the United States Patent and Trademark office. Two distinct possibilities exist for this game given the title: either we’re looking at a game for portable devices (likely either a DS or cellphones) or an all-live-recording version of the game. What seems more likely to my mind is a DS version of the game as that is the one area unconquered by the popular rhythm games and the DS is selling in vast numbers. Related PostsActivision In Trouble With NASDAQDue to a late quarterly financial report, game publisher Activision has received a warning from NASD…...
By: Online Games
Avril Lavigne Trademarks Her Name For A Perfume Line and More!
2008-01-24 00:00:00 Forum: Avril Lavigne News and Updates Posted By: Running With Scissors Post Time: 01-21-2008 at 08:44 AM
China Trademarks -- Do You Feel Lucky? Do You? Part II
2008-01-22 06:29:00 In an earlier post, entitled, "Do You Feel Lucky? Do You?" I wrote about how Ferrari had just lost a ten year battle to prove its horse constituted a famous mark such that it did not need to register it in China to achieve trademark protection there. I made clear that the best way to avoid such fights is simply to register: Our advice to all our clients is to register their trademarks in China before they go there. China is a first to register country and this means that whoever registers the trademark first gets it. Yes, there is an exception for famous trademarks, but unless you are Coca-Cola, it is lunacy to bank on a Chinese court holding your trademark is famous when just going ahead and registering it costs so little. Most firms charge less than $5,000 for this. So even if the Chinese Court rules your trademark is famous, you will almost certainly have spent well over $5,000 in making your case. Microsoft has just learned the same lesson. The China Business Law Blog has...
By: China Law Blog
What Every Business Owner Should Know About Trademarks
2007-12-30 04:07:00 Small Business Trends – Imagine spending countless hours coming up with a creative name and logo for your new product or service or business. Then imagine using that name and logo over time, perhaps years, building up brand recognition. Your logo is distinctive and recognizable, and becomes a symbol of the high quality your business delivers. ... read more
What Every Business Owner Should Know About Trademarks
2007-12-28 14:23:00 Small Business Trends – Imagine spending countless hours coming up with a creative name and logo for your new product or service or business. Then imagine using that name and logo over time, perhaps years, building up brand recognition. Your logo is distinctive and recognizable, and becomes a symbol of the high quality your business delivers. ... read more
Domain Names and Trademarks - Legal Issues: PubCon Las Vegas Dec 2007, Day
2007-12-06 06:51:00 Today's domain name ownership picture is more complicated than ever. Almost every site owner is faced with a domain challenge at some point or another. (...)
Seattle: Home to Coffee (Trademarks)
2007-11-18 18:43:00 It’s true. We Seattlites fancy ourselves as living in the center of the coffee universe. After all, this is home to Starbucks, Seattle’s Best Coffee, and Tully’s, among others. Not surprisingly, the association between Seattle and coffee hasn’t been lost on coffee sellers. A quick search of U.S. Patent and Trademark Office applications for trademark registration shows many remote coffee sellers want to cash in on Seattle’s coffee cache. For instance, just last week the Mississippi-based Seattle Drip Coffee Company obtained a registration for SEATTLE DRIP COFFEE COMPANY and Design for coffee and retail store services featuring gourmet coffee. In 2002, Michigan-based Kroger Co. registered SEATTLE CAFE ROAST and Design for coffee. Seattle Coffee Company, Inc., of Little Rock, Ark., similarly registered ESPRESSLY SEATTLE COFFEE CO. but lost it after Seattle’s Best Coffee Co. (of Seattle) petitioned to cancel the registration. Another Arkansa...
Color Trademarks, T-Mobile?s Newest Marketing Strategy?
2007-11-08 01:43:00 Bizarre right? Honestly who trademarks a color? Well T-mobile does and is very specific about protecting its color. Conglomerate Deutsche Telekom (DT) and T-Mobile have aparently locked down this crayola crayon from out the box and has even sued an On-Demand book publisher for using magenta in an ad campaign. I mean how cretinous do ...
By: Nerd with Swag
Article : Warning! Your Domain Name Could Infringe On Trademarks
2007-10-31 23:48:00 Posted by Al Martinovic If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.So with that said, just because yo...
Article : Warning! Your Domain Name Could Infringe On Trademarks
2007-10-31 23:43:00 Posted by Al Martinovic If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.So with that said, just because yo...
Court Refuses to Transfer Title of Trademarks to Satisfy Judgment
2007-10-11 04:43:00 In 2005, Keystone Laminates, Inc., obtained a default judgment against KlipTech Composites, Inc., owned by defendants Joel and Leeann Klippert, in the total amount of approximately $120,000. Keystone alleges that during supplemental proceedings, it learned that KlipTech had sufficient assets in 2004 to satisfy its debt to Keystone, but that KlipTech instead transferred those assets to Paneltech International, LLC, one of KlipTech’s former clients.In 2007, Keystone filed suit in the Western District against Mr. and Mrs. Klippert and Paneltech for fraudulent transfer, corporate successor liability as to Paneltech, and to pierce KlipTech’s and Paneltech’s corporat-e veils as necessary to prevent abuse of the corporate form to frustrate Keystone’s ability to collect on its judgment. In September, it moved for an order transferring title of the trademarks from KlipTech to Keystone to satisfy its judgment. In support of i...
Chief Justice Roberts: Political Parties Are Like Trademarks
2007-10-03 05:08:00 The Associated Press yesterday reported on oral argument before the U.S. Supreme Court in a case that challenges Washington State’s primary system. Currently, voters here must pick a party and then vote for candidates within that party. A new law would replace that scheme, allowing voters to select their favorite candidates regardless of party affiliation. Litigation has prevented the law from taking effect.The AP stated that “Chief Justice John Roberts compared the case to a trademark dispute. The two major parties are trying to protect their ‘brand’ to ensure that only those who agree with the party’s principles are identified with that party, he said.“Under the law as approved, ‘people will be confused,’ Roberts said. Candidates might ‘look like Republicans but aren’t.’”That-’s an interesting take. To the extent voters look at Candidate X, see she’s a Democrat, and have an accurate p...
Nintendo registers new trademarks in Japan
2007-09-07 00:09:00 Nintendo of Japan seems to have registered a few new trademarks, which makes for some interesting speculation for fans everywhere.Some are just plain strange (like Soma Bringer), while others seem pretty easy to figure out. Could the "Wii Body Controller" be the official name for the Wii Fit balance board? Mii Contest Channel is about as clear as Pikmin ... except we really want the latter and think the former is interesting, but not froth-worthy.Here's the full list: Mii Contest Channel Nintendo Magic Wii Body Controller Mii Audition Wii Handle Pikmin (trademark protection renewed) Soma Bringer We can only assume that Nintendo Magic is the game of the same title that was announced for English-speaking gamers at E3, though that game was known as Magic Taizen in Japan. Does Nintendo make it a practice to trademark all title variations in all regions?Source: Wii Fanboy & NeoGAF Online Games Nintendo trademark Japan Wii Mii audition
By: Online Games
Belle to Buy Fila Trademarks
2007-08-30 04:44:00 Footwear retailer Belle International Holdings Ltd. agreed to buy apparel maker Fila Group’s trademarks in China, Hong Kong and Macau for $48 million. Belle also plans to buy Fila Group’s retail business in Hong Kong, for $1.1 million. Belle, listed in Hong Kong, also will form a joint venture with Fila to market and ...
Copyrights, Patents & Trademarks for Selling at Craft Shows
2007-08-26 16:57:00 Copyrights, are common concerns for craftspeople. If you'veinvented a unique product, you will more than likely want toprotect it from others who can create knock-offs of your craftshow gem at cheaper prices. Although it may be flattering tohave created a craft item others want to duplicate, it can alsobe a nightmare to see your distinctive creation on the HomeShopping Network! The United States Patent and TrademarkOrganization Web site (www.uspto.gov) is a good place to learnthe differences between trademarks and patents and to learn whatis best for your situation. For more information and to applyfor a copyright go to www.copyright.gov.Although attorneys may be costly, some offer free 30-minuteconsultations, so you may be able to find one who can tell youwhat's the best protection for your craft show product. If youfind the costs are prohibitive for you to secure a trademark,patent or whatever you find you need, you'll just have to takeyour chances without one. Again, check wit...
Celebrity Beauty Trademarks: Are They Still Hot Without Them?
2007-08-10 08:01:00 Imagine if all the features of the hottest female celebrities were taken away, would they still be hot? Scarlett Johansson, minus the boobs: Angelina Jolie, minus the lips: Kate Walsh, minus the red hair: Cindy Crawford, minus the birthmark: Kirsten Dunst, minus the gnarly teeth (for lolz): source: Celebrity Beauty Trademarks: Are They Still Hot Without Them? [us] Share This
By: Gone Hollywood
Georgia Court Finds Disguised Bottle Safes Violate PepsiCo's Trademarks
2007-08-02 06:58:00 Burglars take note: in the future, those bottles marked “PEPSI” in the fridge of the house you’re robbing probably contain nothing more than a carbonated drink. No secret stash there.That’s because on July 20, the Northern District of Georgia found that defendant Sahni Enterprises, Inc., and its affiliates, makers of bottle and can safes, infringed and diluted plaintiff PepsiCo, Inc.’s PEPSI, DIET PEPSI, MOUNTAIN DEW, SIERRA MIST and AQUAFINA trademarks. The court made the same finding with respect to defendants’ food canister safes bearing plaintiff’s CHEETOS, DORITOS and FRITOS marks. After the parties stipulated to a preliminary injunction, the court permanently enjoined defendants from manufacturing and selling safes bearing PepsiCo’s marks.The court explained: “The Infringing Safes marketed by Sahni are manufactured by converting genuine PepsiCo bottles, cans and ca...
China Trademarks -- Do You Feel Lucky? Do You?
2007-07-14 10:58:00 Our advice to all our clients is to register your trademark in China if before you go there. China is a first to register country and this means that whoever registers the trademark first gets it. Yes, there is an exception for famous trademarks, but unless you are Coca-Cola, it is lunacy to bank on a Chinese court holding your trademark is famous when just going ahead and registering it costs so little. Most firms charge less than $5,000 for this. So even if the Chinese Court rules your trademark is famous, you will almost certainly have spent well over $5,000 in making your case. Ferrari, the famous Italian car manufacturer, just proved my point. China Business Law Blog (which blog I just added to the blogroll) recently posted on Ferrari's having lost out on the horse logo in China. The post is entitled, "Ferrari is Famous, But Is the Horse Too?" The post relates how after more then ten years of legal wrangling (anyone think that cost less than $5,000?), The Beijing 1s...
By: China Law Blog
DTI to rule on World Cup trademarks - Independent Online
2007-07-12 10:09:00 DTI to rule on World Cup trademarksIndependent Online, South Africa - 1 hour agoThe list of proposed trademark names includes words and phrases like 2010, Fifa, World Cup, South African, South Africa 2010, twenty ten, and drawings of ...2010 FIFA World Cup brings exciting tourism opportunities for ... Bizcommunity.comall 16 news articles
Google Taken To Court For Violating Trademarks
2007-06-29 14:06:00 Calling it ?the most ambitious anti-domainer lawsuit to date?, Eric Goldman reports on how Vulcan Golf sued Google for violating trademarks. (...)
Trademarks: How Important are they?
2007-05-25 10:21:00 Being different from the rest always gathers prominence. Any commercial/ non-commercial product or service needs a certain degree of uniqueness to get their potential customers. Such distinctive character of a product usually becomes the registered trademark of a brand. However, a trademark may not necessarily be a distinct physical entity. Any attribute of a product or service that uniquely identifies itself with the customers can become a trademark. So a distinct smelling perfume, a unique hairstyle, a design, sound, name, word, logo, a combination of few attributes or anything that qualifies being distinct can become a trademark.The origin of trademarks can be traced back to the ancient period when some craftsmen used to put their signature as a token of identity on their works. Over a period of time such signatures / marks made way for other distinctive attributes of an entity. Among such attributes, a logo gradually gained precedence over a period of time. A logo is a symbol, a...
Journalists' Stylebook Shapes How Public Uses Trademarks
2007-04-24 05:52:00 This weekend I bought “The Associated Press Stylebook,” the writing bible used by countless media outlets. I thought it would make a good long-term challenge to try to bring STL more in line with these accepted standards. What I didn’t expect was that the book would have direct implications on the world of trademarks. I now see it is an important force in shaping how news readers use trademarks in everyday life — especially with regard to genericism.The Stylebook instructs reporters that a trademark is a “brand, symbol, word, etc., used by a manufacturer or dealer and protected by law to prevent a competitor from using it: AstroTurf, for a type of artificial grass, for example. In general, use a generic equivalent unless the trademark name is essential to the story. When a trademark is used, capitalize it.” It has similar instructions with regard to “brand names” and “service marks....
What Are Your Style Trademarks? [5]
2007-03-06 19:33:01 I saw this question asked on the blackcigarette Livejournal community & thought it was really interesting. I used to love the idea of having some piece of jewellery that I always wore — I... A place of congregation for fashion misfits, Vogue vagabonds, les enfants terribles. Dress up, leave a false name, be legendary!
By: iCiNG!
March 6, 1899 ? Bayer Trademarks Aspirin
2007-03-06 19:28:03 On this day in engineering history, Friedrich Bayer & Co. registered "aspirin" as a trademark with Germany's Imperial Patent Office. Felix Hoffman...
Collective Trademarks
2007-02-28 17:15:02 What is a ?collective? trademark? A collective mark is a trademark used by the members of a group to indicate association with that group. Popular collective trademarks include American Bar Association, Realtor Associate, Rotary International, American Institute of Certified Public Accountants, as well as the names of various fraternities and sororities. A collective trademark, may also indicate
By: Blawg IT
Others Using Your Trademarks a No No?
2006-08-06 19:54:29 A number of advertisers are buying Google Adsense keywords of the registered and unregistered trademarks and service marks of structured settlement brokers and settlement consultants. Enter the following into the Google Search engine and "caught naked in the spotlights" is another structured settlement broker and/or a well known factoring company in the pay per click ads. Halpern Group Ringler Associates EPS Settlements Forge Summit Settlements Understand that the advertiser actually bought these words in order to appear in the Google search. Any advertisers that click on those ads mean the pay per click advertiser is potentially making money by drawing in customers who are looking for you on the Internet! An interesting discussion on the subject appears on Pimpmyadrank.com (yeah...I know) which represents that Dell Computer Australia used the names of Acer and Toshiba in Pay Per Click Ad. The 10/3/2001 issue of Search Engine Marketing reported the case ...
Your Domain Name Trademarks Questions Answered
0000-00-00 00:00:00 A frequent question among Internet entrepreneurs is "Can I trademark a domain name?" The answer is yes in some cases.
By: eArticle Submit
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