When we talk about trademarks, we often address concrete items that can be registered, like logos, symbols, words, or phrases. But what about the general “look and feel” or shape of a place or product? This protectable aspect of trademark law – known as “trade dress”...
Crystal Broughan, Intellectual Property Attorney
This Artist Taped a Banana to a Wall – He Did Not Think It Would End in Copyright Litigation
Sometimes, thankfully, intellectual property law proves to be downright comical. The case we examine this week taps the funny bone and reads like the setup of a joke: How many artists does it take to duct tape a banana to a wall? To be more specific, how many artists...
Why Iron Maiden Thinks Consumers May Be Confused By a Proposed Trademark
Recently, a new undergarment company specializing in clothing accessories like bras, corsets, lingerie, shapewear, and underwear filed a trademark application. But a seemingly unlikely adversary has risen up to fight back against that application: legendary heavy...
INTA Conference: Monumental Trip to Singapore
When the International Trademark Association (INTA) announced several years ago that the 2020 Annual Meeting was going to be in Singapore, I debated whether or not I should attend. Many of my friends in the organization encouraged me to attend this international...
The Right to Copyrights: How Should Ownership Be Passed on After Death?
Imagine that you are the landlord of an elderly, reclusive tenant who has been with you for decades. Right before the tenant dies, he is moved to a nursing home and tells you he does not need anything from his apartment. It is all “yours.” He certainly does not give...
The Complexities of a Trademark for a Shape
Can you register a trademark for a shape if that shape defines your product? The answer, in typically maddening IP law manner, is: Yes… but it depends. And for shapes specifically, the factors are stricter than a word or logo mark. A recent filing by the grower Little...
Taco Tuesday Trademark
Sometimes your business does not need to register a mark to make headway in its marketing – sometimes it is more beneficial to file a Petition for Cancellation of a trademark before the Trademark Trial and Appeal Board (TTAB). This action may help if ownership of the...
Meet Josephine Chen, the Newest Patent Agent at Marks Gray!
I am excited to announce a new member of the Marks Gray team. Welcome to Josephine Chen, our newest patent agent. Although Josephine is a registered patent agent with the USPTO as of March of this year, she is not new to patent law. She was previously a patent agent...