Benjamin Appelbaum, Attorney at Law

Posts tagged "Trademark Law"

What to know about transferring a trademark

It may be possible for a New Jersey trademark holder to transfer that mark to another party. Once the transfer occurs, that party has the same right to use and defend it against infringement that the original owner once had. In the event that only one mark is being transferred, the process may be relatively easy. However, that may not be the case if multiple marks are being transferred.

The rules for using trademark symbols

New Jersey business owners who are interested in trademark registration might not be clear on the differences between different symbols associated with trademarks, and when they are allowed to be used. The two common symbols for trademarks and registered trademarks can mean different things and can be used at different times during the process of trademark registration.

Record label fights to trademark the term 'empire'

A real-life court battle involving the Fox Network's television show "Empire" adds to the show's fictional drama that has attracted many viewers in New Jersey and around the world. A record label known as Empire Distribution has challenged the network's use of the word "empire" and alleged trademark infringement.

Trademark owners should beware of scams

New Jersey trademark owners and applicants should remain vigilant against ruses designed to compel them to purchase unnecessary trademark services. Scammers are obtaining the names of the owners from a database at the United States Patent and Trademark Office and are pretending to operate on behalf of the USPTO. The prevalence of this practice has been so rampant that a public meeting was held by the USPTO in order to spread awareness about the issue and to propose methods for combating it.

Hasbro takes legal action in trademark dispute

New Jersey comic fans might be interested in a trademark dispute involving Hasbro, Warner Bros. and DC Comics. Hasbro is the owner of the Transformers brand, and it claims that Warner Bros. and DC have committed trademark infringement. Specifically, Hasbro claims that a DC character named Bumblebee could be confused with the Autobot also named Bumblebee. The character created by DC is a teenage girl who has the ability to shrink.

Supreme Court urged to rule on trademarks as verbs

Many New Jersey residents are familiar with using terms like Google or Xerox as verbs rather than the trademarked names they represent. A pair of entrepreneurs have been challenging these trademarks in court, arguing that the trademarks should be taken away. Although lower courts have ruled against the two entrepreneurs, they are continuing to pursue their lawsuit, filing a petition to take their case to the Supreme Court.

What to know about trademarks

The key to success for New Jersey business owners and others throughout the country is to create a powerful brand. However, after the brand name is created, it is important to know how to protect it. The first step is to create a name that stands out and is not being used by another company. Business owners can use the Trademark Electronic Search System (TESS) to find out if their preferred choice is still available for use.

Supreme Court rules in favor of reclaimed slur as a band name

A June Supreme Court ruling may be of interest to New Jersey music lovers. A band by the name of The Slants consists of Asian-American members. The lead man in the group stated that the band name was meant to reclaim the offensive term so that it could be repurposed as a point of pride.

Google lawsuit tests boundaries of generic trademarks

New Jersey residents may not be aware that the names of many common household items were once fiercely protected intellectual property. Thermos, cellophane and aspirin are all used generically today to refer to a broad range of goods, but they were once trademarks associated with specific products. Legislators addressed the issue of genericized trademarks with the passage of the Langham Act in 1946, but the law does not make clear how trademarks should be treated when they become commonly used as verbs rather than nouns.

Using a trademark first may not provide protection

Using a trademark first may not protect New Jersey trademark applicants from losing out to a registrant who files first for the mark. In an April federal court decision, the company EMC lost its claim to the trademark "Unity" for software products in data management, despite having given presentations using the name over half a year before another company filed for a trademark.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

27 Bennington Drive
Flanders, NJ 07836

Toll Free: 877-649-6002
Fax: 973-584-2621
Map & Directions