The Way Forward: From Conception to Enforcement of Your IP Rights
It’s never too early to consider protection of your intellectual property or to consider where things stand with your business as you start up or continue forward, grow, and mature. It all starts with the conception of your idea and how you are going to implement it in your business. The next step is figuring out what exactly you have conceived. You may have heard this called an “IP Audit,” but really it is an overall evaluation of what you have, who owns it, and whether it is protected — or even worth protecting. Is it a patentable subject matter?… [read more]
What’s in a Name?
It’s one of those things that you know, but it’s rarely front of mind. You never think about it, but you’re bombarded by it daily. A NAME embodies a whole effort. When you reference your efforts in business–whether for profit or non-profit–at a certain time you use a name, or a symbol, or a sound or something else to identify those efforts (i.e., a “NAME”). Unilever does. UNICEF does, too. You see, that NAME may tell people your professional association certifies a product, it may tell folks you made a product or you offer a service, or it may be… [read more]
Illinois Church Adds Zeros to Adidas’ Legal Bills
We admit we are talking about Adidas a lot lately, but that is because (i) we truly love their gear, and (ii) they have really been active. After some bruising encounters with United States trademark law, Adidas SA recently found itself on the ropes again, this time at the hands of a church in Zion, Illinois. The marks in question are a study in phonics: ADIZERO running shoes by Adidas vs. ADD A ZERO hats by Christian Faith Fellowship. In 2005 a small congregation by the name of Christian Faith Fellowship, based in Zion, Illinois, registered a wordmark and a… [read more]
Stripes: Adidas Files Notice of Opposition to Soccer Club FC Barcelona’s Trademark
The most interesting grudge match in professional soccer this season isn’t between FC Barcelona and Real Madrid, but rather the intellectual property lawyers representing Barcelona and footwear giant Adidas. “Kit” sponsoring–sponsoring the uniforms of a team–is a highly competitive business dominated by Nike and Adidas. For example, Adidas pays top-rated Manchester United €83.5 million a season for the privilege of providing uniforms emblazoned with its three-stripe logo. Never one to shy away from defending its brand, Adidas opened a new front in its rivalry with Nike the day after Nike signed a deal for a kit design and sponsorship with… [read more]
A Primer on Non-Traditional Trademarks
A trademark is a “source identifier.” That is, a trademark generally is a word, phrase, symbol, design or a combination of words, phrases, symbols, or designs that identify and distinguishes the source of the goods of one party from those of others, and can be used to indicate the source of goods and services. The most recognizable trademarks are usually wordmarks or logos also known as traditional trademarks. Non-traditional trademarks include colors, motions, sounds, scents, and even shapes. Obtaining protection for non-traditional marks can be challenging, but not impossible. Color A color itself can be registered as a trademark, not… [read more]
Brexit & Trademark Concerns
On June 23, 2016, the United Kingdom voted to leave the European Union. The UK-EU divorce-nicknamed “Brexit”- will be negotiated over the next several years. So, what does that mean? Basically, the UK will legally separate itself to be outside the EU, most likely by way of implementing an agreement to redefine its relationship with the EU bloc. As part of the global scenario, that agreement will include addressing and consideration of EU trademark issues. Before Brexit, there were two parallel systems of trademark protection in the UK: The UK’s national system enabled brand owners to reach out directly to… [read more]
