Individuals or companies looking into trademark protection often run into the phrase “Use in Commerce.” In order to obtain a trademark registration from the United States Patent and Trademark Office (USPTO), the applicant has to demonstrate use in commerce (specifically, interstate commerce, meaning more than one state is involved.) A court recently considered whether having a website up and running qualified as “use in commerce” for a service, or if it was necessary for the service to actually be rendered in order to satisfy the USPTO’s requirements. So what does “Use in Commerce” actually mean for a service-based business?
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Keep it Legal Blog
Does Copyright Protect Recipes?
April 7, 2015
There’s no doubt in my mind that many chefs are creative people. But are their culinary creations entitled to copyright protection? A recent legal dispute between two former restaurant owners addressed this issue.
Can You Use Copyright to Combat Controversial Online Speech?
March 31, 2015
The Internet is full of every imaginable kind of speech – including speech that many people find offensive. One UK-based group that advocates “Straight Pride” (as opposed to, say Gay Pride) attempted to use US copyright law to take down a controversial online interview. Is copyright law the right tool to control online messaging?
Trademark Dispute: Yelp Sues Over Fake Reviews
March 24, 2015
Last year, I wrote a post titled Can a Business Prevent Bad Reviews? about California’s so-called Yelp law. Now Yelp itself has entered the legal arena by filing a lawsuit in a trademark dispute against a company who’s attempting to profit off of fake restaurant reviews. What can companies do about fake or fraudulent online reviews?
