Celebrity tattoos are constantly making headlines and it appears that the art form is only gaining popularity. A recent Pew Research Center survey from 2017 stated that close to 40 percent of adults ages 18-29 have at least one tattoo. With tattoos becoming more common, litigation over the ownership and use of tattoos has also seen an uptick over the past ten years. Despite this increase in litigation, some of the questions tattoos raise in the areas of copyright and trademark law are still very unclear.
Hi everyone! This is a guest blog post from Sonia Lakhany (@trademarklawyerlady)! The above video is about a recent issue that is starting to affect many of our clients’ trademark registrations, so I thought I would supplement it with a post explaining what is going on. As you can see below, every USPTO trademark application that is filed has a Correspondence section that lists the name, mailing address, email address, and other contact information for the person who will be the official correspondent for the application.
The counterfeit industry has grown so much over the years that counterfeit goods are no longer the only inauthentic good that can be found in the marketplace. Knockoff and replica goods are also very prevalent. While all three types of goods are inauthentic, there are some key differences between the three as explained below.
As an attorney at Alt Legal, I really have an alternative legal career. I'm a lawyer. I review and draft all of our company’s legal work. I wear some variation of a Canadian tuxedo to work almost every day. I do customer support. I blog. I am the Product Manager, so I maintain the legal research to keep our platform running smoothly and find ways to use technology to solve legal problems. I host a podcast. I write a newsletter. I even order more Doritos when our office stash is low.
The relationship between trademark law and cannabis is complicated. Cannabis is now legal for recreational or medicinal use in 28 states, but it is still classified as a Schedule I drug (read: illegal) under federal law. The US Patent and Trademark Office will not register a trademark for use in connection with goods and services that are illegal under federal law, so cannabis retailers cannot register federal trademarks for many of their goods and services.
Any good product requires a considerable amount of planning. As we highlighted in our previous blog post, some companies will go to great lengths to keep these plans secret. Other companies, particularly smaller ones with less structured, anticipated, or secretive releases, do not go to the same lengths, which means by running some trademark searches we might be able to find clues for what is coming down the pipeline.
Intellectual property (IP) is a unique product of human invention and creativity. There are two broad categories of IP: industrial property and copyrights. Industrial property is the umbrella term that includes trademarks and patents. Broadly, intellectual property protection allows an individual or corporation to prevent others from using IP in an unauthorized manner, or in some cases, using IP that is confusingly similar to what has been protected. Each of the three main categories of IP have different key characteristics and processes as well as rules for obtaining protection.