Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Trade Dress

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Design Patents and Trade Dress

Posted in Patents, Registrations, Trade Dress, Trademark Basics, Trademarks
There are several different kinds of intellectual property protection (e.g., trademarks, patents, and copyrights). The borders between the types of protection are not always clear, and it may be that some subject matter is eligible for protection in more than one category. Conversely, it may be that qualifying for protection in one category excludes the… Continue Reading

A Tradition Unlike Any Other® – The Masters® at Augusta National®

Posted in Brands, Copyright, Infringement, Trade Dress, Trademarks, Uncategorized
Hi everyone! You’re favorite Trademarkologist-in-training is back! I apologize for not blogging last month but my husband, Chris, and I were at the 2018 Masters Tournament® in Augusta, Georgia! If that’s not a “get-out-of-work-free card” then I don’t know what is! Tickets to the Masters® have been referred to as some of the toughest tickets… Continue Reading

LOOKS DO MATTER

Posted in Trade Dress, Trademarks
Most of our posts have focused on the trademark rights associated with particular words, but don’t forget to consider what your product looks like and how they are presented to customers.  You can develop separate rights in the look of your product.  Both the shape of a product and a product’s packaging can be protected… Continue Reading

Tips On How To Obtain A Federal Trademark Registration For Your Product Packaging

Posted in Trade Dress
Last week, my post discussed the significant impact of product packaging (i.e., the “dressing” of a product) on consumer behavior. Distinctive product packaging can drive sales, but it can also lead to knockoffs. Imitation may be the sincerest form of flattery, but in the branding world it kills value. Brand owners should obtain a federal… Continue Reading