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F-U-C-T Can Be A Registered Trademark

Three In a Row for First Amendment Protection of Trademarks Trademark law prohibits registration of a scandalous or immoral trademark. However, in Iancu v. Brunetti, the U.S. Supreme Court recently held this provision of the law violates the First Amendment.   Erik...

Trademark Marijuana Products?

Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet it remains impermissible to trademark drug paraphernalia under federal law. How was this trademark obtained? Use-in-Commerce Specimen Submitted by Applicant in...

Nikola vs. Tesla – Design Patent Litigation – What Would Nikola Tesla Think?

Design patents can be an effective method of protecting the look of a product. Although narrow in scope, design patents can provide real protection of a company’s intellectual property especially when multiple design patents are used to protect a concept, as shown by the lawsuit Nikola Corporation has filed against Tesla, Inc.

Patent a Recipe?

Recently there have been many inquires about patenting a recipe. Many of these inquires are related to the new California law legalizing marijuana that has inspired many entrepreneurs. However, a recipe is patentable only if the recipe meets certain narrow criteria. ...

Ten Million (10,000,000) Patents

The U.S. Patent & Trademark Office (PTO) anticipates that utility patent number 10,000,000 will issue sometime in 2018.  According to the PTO, the 10 millionth patent symbolizes the position of the United States as an innovative and economic powerhouse based on...

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.