BW INSIGHTS

Trademark Consent and Coexistence Agreements

By Jordan Meggison-Decker | 08.24.2020
Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO). A... Read More

Bankrupt with Bygone Rights: Supreme Court Tackles Tough Trademark Issue

By Jordan Meggison-Decker | 08.22.2019
Article written by BrownWinick 2019 Summer Associate, Mackensie Graham, and BrownWinick attorney, Jordan Meggison-Decker In a recent Supreme Court case that bridged the areas of law between intellectual property, contracts, and bankruptcy, trademark licensees came away with a win. To best understand the May 2019 decision in Mission Product... Read More

Principal Trademark Registration vs. Supplemental Trademark Registration

By BrownWinick | 11.08.2018
Prosecuting a trademark at the United States Patent & Trademark Office (USPTO) is one of the most strict administrative proceedings in the world. The USPTO is very active in examining applications and is constantly policing the trademark registers. Yes, that says registers, as in plural. There is actually more than one register available to those... Read More

How to Raise Money for Your Business - Part 2: Micro-Loans

By BrownWinick | 09.19.2018
Getting a business started is like approaching a massive steel wheel. There are no axels, no motors, just you, an idea and the wheel. The wheel is stationary. Like Atlas, you shoulder the wheel and start to press with all your strength. The wheel budges a little. The more effort you put in, the more the wheel moves. The goal is to have the wheel... Read More

How to Raise Money for Your Business - Part 1: Grants & Programs

By BrownWinick | 08.20.2018
Quick’s Design & Construction is what I called my failed business. My 20-year-old self started a construction business with the goal of paying my rent while completing my engineering degree. I was young and energetic with 6 years of industry experience. What could go wrong? Three years later I was selling my tools, trailer, and other acquired... Read More

Protect Your Brand Like Ivanka Trump

By BrownWinick | 06.08.2018
Ivana “Ivanka” Trump is not only an American businesswoman. She also holds the titles of fashion designer, author, and reality television personality. And, based on recent activity at the trademark office, Ms. Trump is both smart and savvy when it comes to protecting her brand and actively registering trademarks. In fact, Ms. Trump has recently... Read More

Amazon Brand Registry Program

By BrownWinick | 05.30.2018
If you sell on Amazon or want to sell on Amazon, you should take advantage of Amazon’s revised Brand Registry program. The Brand Registry program is a powerful tool to keep others from listing items on Amazon using your brand. The Amazon Brand Registry program is currently free for all Amazon sellers and provides another mechanism for protecting... Read More

Go Ahead and Challenge That Patent....Anyone!

By BrownWinick | 05.03.2018
Post grant proceedings survive the gavel of the Supreme Court. On April 24, 2018, the Supreme Court issued two decisions upholding the validity of post grant proceedings (“PGPs”). A PGP is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent. PGPs allow a third... Read More

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