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Intellectual Property Protection Generic Marks Brand

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

Jaburg Wilk on

Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

I'm Not Dead Yet! NYT Connections Puzzle Snafu and How to Prevent Genericide 

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your...more

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

DarrowEverett LLP on

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Tarter Krinsky & Drogin LLP

Don’t Be Descriptive, Be Creative!

There once was a company named Zotz, Which created toys for tots, Let’s use “Robotoy,” Zotz declares, File at once, Lawyer Zares, Months later, Zotz is dejected, Too descriptive, trademark rejected. First published in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: How to Lose a Mark in 3 Ways – Part 2: Genericide

One of the signs of a healthy trademark is a certain level of distinctiveness. Distinctiveness is related to consumers’ love and recognition of a mark as an indicator of a product’s source, such that consumers trust the mark...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Dorsey & Whitney LLP

Shifting Gears: A Quick Tour of Genericide

Dorsey & Whitney LLP on

Have you ever been to an indoor cycling class? If so, you most likely have heard the term “spin class,” or referred to the act itself as “spinning.” Mad Dogg Athletics, Inc. would take offense, however, calling such uses...more

Buckingham, Doolittle & Burroughs, LLC

Not all trademarks are created equal

Not all trademarks are equal in strength and the scope of exclusive protection they are afforded. The strength of a mark is determined based on the mark’s ability to be distinctive of the of goods and services offered under...more

Carlton Fields

The Game of the Name: Choosing a Trademark for Your Video Game

Carlton Fields on

Back to Basics: A Primer on Intellectual Property Rights in Video Games - It is often said that the most important asset to any video game company is its "IP," or intellectual property. The reason for this is not...more

Goulston & Storrs PC

Protecting the Popular Brand: Considerations to Avoid Genericide

Goulston & Storrs PC on

When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or...more

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