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U.S. Trademark Functionality and Protectable Aesthetics: Can I Trademark That?

The Trademark Functionality Doctrine The Trademark Functionality Doctrine limits what can be trademarked. It prevents companies from getting exclusive rights to functional features of a product, like its packaging or design. This protects competition and ensures there are a variety of choices for consumers. Patents, on the other hand, grant inventors a temporary monopoly over

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United States Copyrights and the Fair Use Defense

What is a Copyright? The word copyright is a legal term of art used to identify the type of protection granted to an author, or creator, of certain types of creative works. When you set out to write a book, or a screen play, what you created, what you typed into your computer, or wrote

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San Francisco and Oakland in Trademark Battle over Airport Name

San Francisco vs. Oakland: Trademark Battle Over Airport Name San Francisco and Oakland are embroiled in a court dispute over the Oakland Airport’s plan to rename its airport “San Francisco Bay Oakland International Airport.” Without doubt, this’ll be an interesting case to watch, as the court determines whether Oakland’s actions constitute trademark infringement. It is

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Deepfakes and the Legal Avenues to Combat Them

Deepfakes — sophisticated AI-generated videos capable of seamlessly grafting a person’s face and voice onto another body — are stark examples of the challenges faced with AI technologies. Deepfakes are hyper-realistic fabrications that blur the lines between truth and fiction, presenting a formidable threat in the realm of misinformation. Deepfakes also have political implications, painting

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Launching Your Startup – An Introductory Guide

Navigating The Startup Landscape As an attorney who focuses on business and intellectual property (IP), I have had the opportunity to work with many startups that were seeking to bring their ideas to the world. Moving from an idea to a finished product can be a daunting prospect for any startup, however, it doesn’t have

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Unlocking Opportunities through Intellectual Property Licensing

IP Licensing Intellectual Property (“IP”) licensing opens doors for businesses to spread their wings, expand their revenue streams, and introduce new products to the market. This licensing is the granting of a right to use IP while retaining ownership of it. Through licensing, companies can venture into new territories not otherwise possible. Though the benefits

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U.S. Trademark Scams are on the Rise . . . . SO BEWARE!

The Increasing Threat of Trademark Scams Trademark scams are on the rise, as the U.S. Patent and Trademark Office (USPTO) warns. If you get a concerning email about your trademark, there is a good chance it’s a trademark scam — but sometimes unsolicited emails are legit (or sort of), in the sense that they are

Mexico Trademarks

Mexico Trademarks: What You Need to Know

The Global/Mexico Trademark Landscape In a world where trademark identity is often a company’s most valuable asset, protecting that identity in foreign markets is crucial. Mexico, with its growing economy and strategic geographic location, has become a hotspot for many international companies. However, without a solid understanding of its trademark regulations, companies run the risk

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Trademark Infringement Litigation: Resolution Options

Introduction Since last month’s post covering international aspects of trademark infringement litigation, we’ve gotten some questions about what resolution options are available short of full-blown litigation. Obviously, trademark infringement is a significant concern for businesses and individuals seeking to protect their brands. But, sometimes, settlement or other mutual agreements to resolve these problems can make

International trademark litigation

International Aspects of Trademark Infringement Litigation

Introduction In today’s global marketplace, businesses face numerous challenges when it comes to protecting their trademarks on an international scale. Trademark infringement litigation is an option when a person or business is infringing your trademark rights in another country. These cases involving international dimensions can be complex, encompassing jurisdictional issues, cross-border enforcement, and a secondary