Post image for Trademark Traps for the Unwary

“I have the domain name. Doesn’t that count toward a trademark?” “I did a search online and no one has the name. Why can’t I get a trademark?” As Nina Yablok’s article, “Trademarks and Google,” touches on, Google isn’t the be-all and end-all when it comes to filing trademarks. That’s why, even in this high-tech, […]

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Picture this: you’re renovating your house (or apartment, for us city dwellers)…and it looks like a bomb just hit it: sawdust and sheetrock shrapnel is everywhere; there are open paint cans and trays and brushes dotted about the drop cloths on the floor; wires and cables snake from the ceiling and along the open baseboards; […]


Post image for How Entrepreneurs Can Survive Trademark Lawsuits

From the Department of Nightmares comes this story of a David-and Goliath lawsuit. Apparently, online perfume retailer Perfume Bay has been embroiled in litigation with online auction site eBay (also spelled ebaY in its logo) for about the past three years. According to the Orange County Register, which profiled the case last month, Perfume Bay […]


“What’s in a name?” asked Shakespeare. I often wonder what celebrities are thinking when they name their kids Tu (Morrow), Moon Unit (Zappa), or North (West, of Kardashian-West fame). Or not thinking. Somehow, they latch on to an idea … which may have been hilarious after a few too many 3rd trimester appletinis … and […]


Post image for Basic Training: Does Selling Lego Creations = Trademark Infringement?

Q: Just wondering if my kids can sell their Lego creations online? I’m mostly concerned about the “Lego” brand name infringements. That is, if my kids were to make their own original creations using Lego pieces and advertise them on the internet as, oh, I don’t know, “Jake and Joe’s original Lego designs”–and sell the completed creations–without implying […]


Post image for Basic Training: Ants and Aardvarks in the Trademark World

Q: I have a small business in which I sell bails for jewelry. Another company (of course larger than mine) is claiming I’m infringing when the two items don’t even look alike. What should I do?  A: For those of us Saturday morning cartoon fiends, this is reminiscent of the Ant and the Aardvark. The aardvark, much […]


Post image for My Trademark Was Granted–I’m Done . . . Right?

Oh, it should be so easy.  Let’s face it, if securing and protecting trademarks were simple, any fifth-grader would be able to do it. You’ve had sleepless nights coming up with that oh-so-fabulous brand that will rock the world (or at least your market niche). You sweated out the search process, making sure that no one […]