When you create a logo or branding materials for a client, it’s natural to want to keep some ownership over the work—it’s your creative baby, after all. But if the design is meant to be used by the client as a trademark (which it almost always is), holding onto those rights can create complications down the line. Most business...
A trademark is a distinctive symbol, word, phrase, design, or combination that legally identifies and distinguishes the source of goods or services from those of others. It serves as a unique identifier for businesses, helping consumers recognize and associate products or services with a specific brand. And while trademarks and registered trademarks have similar names, they have slightly different...
Your business’s intellectual property (IP) can be its most valuable asset. Customers buy your patented gadget because it is one of a kind. Buyers look for your trademarked logo because they trust your products to be high quality. Or maybe you create books or music or video games, in which case your copyrights are vital to your financial success....
Trademarks are an important intellectual tool for businesses, distinguishing products and services in the marketplace and serving as symbols of brand identity. Trademark infringement occurs when an unauthorized party uses a mark that is identical or confusingly similar to a registered trademark, leading to consumer confusion and having a possible financial impact on its holder. Here, we look at...
A copyright grants the creator of an original work exclusive control over its use and distribution. This legal protection can be applied to various forms of creative expression, such as literary works, music, art, and software. Copyright law ensures that creators have the sole authority to reproduce, distribute, perform, and display their work, and it helps protect against unauthorized...
Many entrepreneurs are surprised to learn you can protect a generic brand name through trademark registration. However, these situations are limited and generally require the help of a skilled trademark attorney to register the mark successfully. Nonetheless, if you operate a business—especially an internet-based company—with a generic brand name like Apples-and-bananas dot com, you may be able to obtain...
“¡Yo quiero Taco Tuesday!” At least, that’s what Taco Bell wanted when it asked U.S. trademark regulators to determine whether Wyoming-based taco chain Taco John’s claim of exclusive ownership over the term “Taco Tuesday” was valid. The fast-food giant claimed the term was in common use despite Taco John’s having been granted exclusive use of “Taco Tuesday” nearly 40...
As a Florida entrepreneur, you probably know that your intellectual property is one of your business’s most valuable assets. The best thing you can do is to protect your trademarks as soon as possible. But once you have been granted trademark rights, those marks need to be maintained to avoid trademark abandonment or loss of trademark rights. In Florida...
Intellectual property (IP) is often a more valuable asset than businesses realize. Sometimes businesses understand the value of their IP only once they start to dissolve their company and have to divide their intellectual property rights. Other times, entrepreneurs do not understand how important IP rights are until it is too late, and their IP rights are lost forever....
Recently, the United States Supreme Court agreed to hear a case in which Jack Daniel’s sued a dog toy company for trademark infringement. The case presents the Supreme Court with an interesting question regarding the intersection between free speech and trademark law. It also highlights how important trademarks are for businesses throughout America. Trademarks can be valuable assets for...