New Jersey observers of the world of intellectual property may be aware of the existence of trademark bullying. This is a case where a larger company registers a trademark and uses its legal rights to prevent other companies from using words or phrases that have only the most tenuous relationship to the trademark. A recent example of this practice has emerged from the world of video games, where an established video game company trademarked the word "rage" and attempted to take legal action other video games that happened to have that word anywhere in their title. Their enforcement of this trademark appears to be both inconsistent and arbitrary.
An apparel entrepreneur is likely to spend considerable time and effort in creating a name for a new clothing brand or line. The name becomes tied to the design and function of the clothing and differentiates it from other clothing products. Due to this, New Jersey entrepreneurs should understand why the process of registering that name as a trademark is so important.
With candidates for both political parties fiercely battling to determine who will be the next candidate for the presidential race, all candidates have spent a lot of time in the press for various reasons. Perhaps the one in the news the most often is Donald Trump. While campaigning, the businessman has not lost sight of one of the things that has led to his success—the protection of intellectual property and how to use it to his advantage.
Registration laws and systems regarding trademarks vary from state to state. However, in New Jersey and all other states, one thing remains common; trademark law protects those whose rights have been infringed upon when a brand name or business name has been unlawfully used by another party. Those facing legal challenges that involve disputes over intellectual property will want to make certain they have a clear understanding of state and federal laws before proceeding to court.
When it comes to intellectual property matters many may assume the focus is in the tech sector. While these issues do of course arise in that context, there are many other situations in which disputes involving intellectual property might arise. This is illustrated in the recent trademark dispute concerning the names of landmarks and iconic hotels in Yosemite National Park.
Copyright, patent infringements and other legal issues regarding intellectual property or hard copy products are matters frequently addressed in courtrooms in New Jersey and others throughout the nation. A recent trademark law battle remains ongoing between two entities. The owners of Grumpy Cat Limited claim that Grenade Beverages has violated terms of an agreement in a dispute over products sold under the "Grumpy Cat" brand name.
Products of all types could be the subject of trademark litigation. They do not need to be an expensive product for trademark action to be taken. A lawsuit filed by the manufacturer of automotive air fresheners, against a competitor, illustrates this.
In an earlier post we wrote about how to go about registering a trademark and why it is a good idea to do so to protect a business. In this post we will discuss ways in which that trademark may be enforced following registration.
Readers are likely well aware that campaigns for the next presidential election have already started. There are many things that go along with this including extra news coverage and debates. It could also lead to candidates doing other things that readers may not consider, such as seeking trademarks on campaign slogans.
If you are starting your own business there are many matters that need to be considered. One of the things big things that needs to be addressed at the outset is the company’s name. How the company will be branded should also be considered.