The Walking Dead‘s season may be over, but zombie trademarks continue to roam the earth. In this case, the undead include Bullock’s, Robinsons-May, Filene’s, and Jordan Marsh. Will Macy’s be able to prevent another company from using those legacy department store brand names? Will I be able to resist lots of corny zombie jokes? (Spoiler alert: the answers are “maybe” and “of course not.”)
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Archives: Business Law
Trademark Question: Is Just Offering a Service “Use in Commerce?”
April 14, 2015
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?
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.
Don’t Wait to Initiate a Trademark Dispute: Fitbug v. Fitbit
March 19, 2015
Nobody likes getting into a trademark dispute, but a recent case is a good reminder that when a legitimate issue arises, there can be a serious penalty for waiting too long to file a claim. Let’s take a look at Fitbug v. Fitbit.
