Benjamin Appelbaum, Attorney at Law

Posts tagged "Trademark Law"

How to describe goods and services under a trademark

When New Jersey business owners decide to trademark their names, logos and symbols, they will need to form descriptions of the goods and services their businesses offer. These lists are reviewed by the U.S. Patent and Trademark Office and can determine if a business's goods and services are too similar to others previously registered. Competitors may also use these descriptions to determine if they can get away with creating a similar product.

The Slants and the Redskins may head to the Supreme Court

New Jersey football and rock fans alike might be interested in a pair of cases that may be heading to the Supreme Court this year. The cases, involving an Asian-American rock band named "The Slants" and the Washington Redskins, deal with the pair's fight to trademark their respective names in the face of a federal law prohibiting trademark protection for names considered offensive.

Keyword use questioned in online trademark dispute case

The Internet has changed modern life in myriad ways from the way people communicate to individual shopping habits. The ubiquitous nature of the Internet has also made a profound impact on advertising and marketing, sparking many questions and disputes about trademark infringement and intellectual property rights. A case involving the company Edible Arrangements, which has dozens of locations in New Jersey, against an industry rival has brought key issues to light.

Athletes use trademarks to protect their brands

Many New Jersey sports fans like to buy merchandise to celebrate their favorite athletes. Understanding the popularity and potential marketability of their name and catchphrases, famous athletes often apply for trademarks in order to protect their brands. Some trademarks are secured after a catchphrase becomes popular, but others are filed early before a phrase has even caught the public's attention.

Tattoos may lead to trademark infringement lawsuits, experts warn

Many New Jersey residents have tattoos, and while tattooing is a routine procedure, complications including pain and risk of infection exist. Those who are inked may not be aware of another potential issue with tattoos: copyright and trademark issues. While tattoos are not traditional property, trademark laws regarding how and when an image may be photographed, recorded or otherwise used in public may apply, according to legal professionals.

Trademark infringement case against Kanye West dismissed

New Jersey fans of the entertainer Kanye West will be able to see his upcoming film created with actor and producer Dame Dash with the title originally intended for the work. A trademark lawsuit brought forth in federal court by the group Bachata duo Loisaidas had alleged infringement when West and Dash released a trailer for their film that was also called "Loisaidas."

Filing a trademark application

Applying for trademarks is an important part of doing business in New Jersey. Many business owners submit trademark applications before launching a business or releasing a new product so that they can be sure their company names, logos and catchphrases cannot be legally used by another company. Along with a completed application, the United States Patent and Trademark Office requires applicants to submit at least one example showing how the trademark will be used.

Several trademark applications filed for "Brexit"

New Jersey residents have probably heard about the U.K.'s June decision to leave the European Union, commonly referred to as 'Brexit." Regardless of a person's opinion about the vote, the popular nickname that was given to the British exit is undeniably catchy. Now, several companies are attempting to cash in on it by marketing products with the nickname.

Can I amend a trademark in New Jersey?

There are many reasons why you may want to amend an existing trademark or service mark that has already been registered. This can be a complicated procedure that may not be successful for a multitude of reasons. While the basic steps to amend a previously filed trademark are described here, an experienced legal counsel can help advise you through this process to ensure a greater likelihood of success.

Brunchfast trademarked by Jack in the Box

National statistics indicate that the popularity of breakfast and snacks is increasing. New Jersey commuters may appreciate access to all-day breakfast options at some franchises. Others have introduced new breakfast menus in recent years, entering the competition for those breakfast dollars. Although breakfast items are not new to Jack in the Box, a recent trademark registration suggests that the company may be preparing to increase its focus on this area of its business.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

27 Bennington Drive
Flanders, NJ 07836

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