Trademark registrations require the applicant to demonstrate use of the proposed mark by showing a trademark specimen. A specimen is “a label, tag, or container for the goods, or a display associated with the goods. The Office may accept another document related to the goods or the sale of the goods when it is not [...]
LearnAboutLaw Staff July 2007 The ® and ™ SymbolsThe ® and ™ symbols that denote trademark status are routinely misused. These symbols have different meanings. We’ll clarify the difference here. The symbol ® means that a mark is a registered mark, and should be applied only to marks that have received U. S. trademark registration. [...]
IntroductionTrademarks are routinely interpreted in the courts as “strong” or “weak”, or somewhere in between. The entrepreneur should always endeavor to develop strong marks from the earliest stages of his enterprise’s development. Trademarks are evaluated on a continuum ranging from generic, to descriptive, to suggestive, and finally, to arbitrary or fanciful. Recall that a trademark [...]
LearnAboutLaw Staff July 2007 Intellectual Property (IP) refers to the ownership rights that attach to ideas and creative work product. IP is no different from any other property: it can be sold, bought, rented, divided, licensed, loaned, given, pledged, and taxed. The most powerful IP right of all is the owner’s right to exclusive use–in [...]
LearnAboutLaw Staff March 2008 Introduction Strong, memorable trademarks are the signs of an experienced and thoughtful entrepreneur. What’s more, great trademarks inspire confidence in customers–before they even know who you are. Basics and BackgroundFirst of all, trademarks can be easy to protect, or impossible to protect. A trademark is protectable if it is a “strong” [...]
Everything You Need to Know About Trademarks and Fair Use Robert Kleinman is an experienced licensed attorney. He earned an LL.M. in Intellectual Property from the Benjamin N. Cardozo School of Law. robert[at]austintrademarklaw.com Trademarks are one of those things in life that nearly no one understands, but that just about everyone is unwilling to admit. So I’ll [...]
Robert Kleinman is an experienced licensed attorney. He earned an LL.M. in Intellectual Property from the Benjamin N. Cardozo School of Law. rkleinman[at]austinlegalcounsel.com What is a trademark? Generally speaking, a trademark is a distinctive word, symbol, or picture that a seller of goods or services affixes to distinguish its products from those of others. Product designs, product [...]
by Robert Kleinman, Attorney robert[at]austintrademarklaw.com an Austin Trademark Lawyer The Digital Millennium Copyright Act (lawyers call it the DMCA) updates U.S. Copyright law for the digital age. The DMCA has several components. Circumvention of Copyright Protection Technology The DMCA prohibits persons from circumventing electronic copyright protection systems. In other words, persons may not descramble or [...]
BETA TESTING AGREEMENT This Beta Testing Agreement (the “Agreement”) is made by and between TuTu, Inc. (“TuTu”), and you (the “User”). GENERAL TERMS AND CONDITIONS A. TuTu operates a video sharing website at TuTu.com. TuTu has developed a system that delivers informational and entertainment audiovisual to cellular telephones, including modifications, enhancements, improvements, updates, additions, derivative [...]
-this is an actual DMCA that yielded a takedown in about 20 days. June 2, 2007 Surpha 1503 N Technology Way Orem, UT 84097 UVNET, Inc. 703 East Technology Ave. Building E, Suite 1300 Orem, UT 84097 Copy to: Stock Information Systems, Inc. 7665 S. 700 W Old Main Street Midvale, UT 84047 To Whom [...]
Sample/Example DMCA Notification of Infringement | DMCA Takedown Notice Form Use this takedown notice to notify an ISP of infringing content that appears on its servers. We at LearnAboutLaw have used this exact form several times–so far we never had to take it beyond this level. Date:____________________ [Service Provider Name] [Service Provider Address] To Whom [...]
Sample/Example DMCA Counter-Notice Form Date:____________________ [Service Provider Name] [Service Provider Address] To Whom It May Concern, I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). You recently provided me with a copy of Notice of Infringement from [name the party who submitted the Notice of Infringement]. [...]