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Someone Is Using Your Brand Name! What Can Be Done?

Federal trademark registration is cost-effective, providing a lot of bang for the buck for protect brand names. Social media sites will frequently remove an infringing use if the business has a registered trademark for its brand name. But, the situation becomes more complicated if the name is not already trademarked.

Federally Registered Trademark Protects Brand Names

Many entrepreneurs and small businesses start their business by offering goods or services on the internet using a brand name. Online advertising and selling may create common-law trademark rights that provide some protection to the brand name. However, obtaining...

So You Have A Phone App That You Want to Patent — Or Subject Matter Patentability

Subject matter patentability defines what types of inventions may receive patent protection, and favors physical objects. A phone app or software program is not, in and of itself, a physical object. To obtain a patent on a phone app or software there must be more than the app itself. It is not sufficient to take a task that has been performed without use of the internet, and then make an app to do the task on the internet. The invention must improve the functioning of the computer or phone, or must show an improvement in another technological field

What’s In a Name? Unicorn Latte v. Unicorn Frappuccino

A juice shop in Brooklyn NY created the Unicorn Latte, and filed for federal trademark registration. After getting some good publicity for the Unicorn Latte, Starbucks began selling Unicorn Frappuccino. Now, the owners of the juice shop seeking damages for trademark infringement from Starbucks