Are you a fan of Bikram yoga? Whether you are like me (can't tolerate the heat!) or my best friend (avid fan), you should know that Bikram recently lost exclusive rights to the asset at that is at the core of its business. How can we protect our business and avoid falling into the same trap?
Posts filed under Intellectual Property
The Partnership That Helps You To Do What You Love
Are you someone who can come up with truly great ideas? Or are you someone who is better at suited to the practical realities of running a successful product business? Regardless of where you fall on the spectrum, entering into this relationship might be the easiest way for you to make money while doing the things that suit you most.
Yes, You CAN Afford a Franchise! (Infographic)
Do you want to own a franchise, but always thought it was too expensive? If so, then here's with a wonderful gift –a list of franchises that you can purchase for less than $50K (with some even below $5)!
UPS Is Putting 3D Printng In Your Hands
Recently, Catherine Clifford reported that “UPS will be [making] 3-D printing machines available in nearly 100 UPS Stores across the U.S.”. UPS decided to do this because of the success of “the pilot program they launched in the summer of 2013”. These printers, called Stratasys uPrint SE Plus, are superior to the 3D printers you would normally be able to buy for personal use. So, if you wanted to take advantage of this new technology, this is really good news for you!
South Park Is The Best Teacher When It Comes To Trademarks
In a recent post, I wondered whether the Redskins common law protection would grant exclusive rights only in the Washington area? Or seeing that it is a part of the NFL and plays around the entire country, can it argue that its region is the entire country? Well it seems the writers of South Park believe it's the former and that is why they produced this little gem highlighting the fact that other people across the country can now legally use the Redskins' name and logo.
What Google Can Teach You About Protecting Your Business Name
Escalator…aspirin…yo-yo… do you know there was a time when these names referred to a specific product within a class. That is, escalators referred to a particular type of moving stairs not all moving stairs. Asprin referred to a particular type of painkiller instead of being a short hand way of referring to any over-the-counter pain drug. So what happened? Well, the trademark for the respective companies became “generic”.
How To Save Your Company From A Legal Ditch
When I saw Adam Callinan's article about the 3 legal issues that can kill a small business, I was curious to see how the substance of his piece matches up to my recommendations to you these past few months. I'm happy to report that, for the most part, Mr. Callinan and I are on the same page when it comes to the legal risks that entrepreneurs should prioritize:
What, We Can Now Be Sued For Using Math Symbols?!
I recently came across an article by David H. Bailey and Jonathan M. Borwein discussing how the United States Patent and Trademark Office (USPTO) actually granted a nationwide trademark of the Pi symbol with an accompanying period (i.e. π.) to a Brooklyn based artist Paul Ingrisano. According to Bailey and Borwein, “there is nothing stylistic or in any way particular about Ingrisano's trademark; it is simply a standard Greek Pi letter followed by a period. That's it: Pi period.”
5 Ways To Best Safeguard Your Business' Most Important Asset
Recently, my father got offered the chance to meet with some key investors about the new software he developed. Though he was excited about this opportunity to make a direct pitch, the first thing he had me do was create a basic contract to safeguard the proprietary information he was going to divulge to his audience.
How The Washington Redskins Trademark Decision Can Affect You
So, as I’m sure you’ve heard by now, the Washington Redskins lost their federal trademark patent last week. The reason given by the U.S. Patent Office (USPTO) ruling was that the team’s name was offensive to Native Americans. As such, it violated a federal law which states that the federal government cannot grant trademark to names that “may disparage” individuals or groups, or “bring them into contempt or disrepute”. Now I know that allegiance to sports teams runs deep in many, so I am not here to figure out whether or not the USPTO was correct in its ruling. This issue is – until the Washington Redskins appeals this decision to the federal courts – how does this new ruling affect the legal landscape for all business owners?
Sued For Millions Because of a Tweet? Seriously?!
Mr. Seidman alleges that Chobani based its recent ad campaign’s tagline “How Matters” on the concepts from his book, ‘How: Why How We Do Anything Means Everything’. This is the basis for his suit for copyright infringement. To prove his case, Mr. Seidman points directly to the this tweet that Chobani sent to him... continue reading...
Are The Costs Of Trademarks Copyrights and Patents Really Worth The Benefits?
By far, the Trademark, Copyright and Patent Cheat Sheet is the most popular page on this website. So, I was happy to find this article from Darin Klemchuk laying out the cost and benefits you can expect from taking dvantage of any of these intellectual property protections. However, though the article was very comprehensive, I decided to summarize the information in a simple cost-benefit chart. I hope you find this helpful. continue reading...
Protect Yourself From A Shakedown With This HUGE Gift From The Supreme Court
Seeing that her patent will probably expire in a few years, it is quite possible that my friend has already sold her rights to a Patent Holding Company aka “Patent Troll”. Entities like these have absolutely no interest in manufacturing the products related to the patents they purchase. They only use them as vehicles for patent infringement lawsuits against any entrepreneur that tries to produce a similar invention. Even if their claim is weak, these trolls know that most business owners don’t have the ability to spend up to $1 million defending these suits. As such, they are able to fill their coffers with the monetary settlements and/or licensing fees from their shakedown. continue reading...
Cronut In Legal Hot Oil...Again!
Because of a clerical error at the U.S. Patent office, Mr. Ansel, the creator of the cronut, is now facing unanticipated challenges to his claim of exclusive ownership. continue reading...
Copyright & Trademarks 101
Never having done one intellectual property class in law school, I had to do a fair amount of research before drafting the Intellectual Property Cheat Sheet. The challenge involved imparting key pieces of information without overwhelming the reader (who had more important things – like running a business – to worry about). This task was not easy but I think I accomplished what I set out to do. That being said, I am committed to constantly improving my work and that is why I am infatuated with Doug Wolf’s new piece about when entrepreneurs should use copyrights and trademarks. continue reading...
Beware the Patent Trolls!
A few years ago, a friend developed an idea for an invention that would be a great improvement over the products currently on the market. Naturally, she immediately hired a patent lawyer to help her protect her intellectual property. This happened more than 5 years ago. And, though many of you are just like my friend, you are facing something that she never did: patent trolls.
A Lame Logo Could Really Hurt Your Business | Inc.com
Once you decided on your business name, you followed our advice and pursued a trademark not only for the name but also your own specially designed logo. However, depending on the design that new logo could be a liability...
Why You Should Go Through the Trouble of Registering Your Copyright When Everyone Tells You That Your Work is Protected Automatically - Moz
As we discussed above, copyright is automatic. If that is the case, why would anyone bother to go through the trouble of giving notice or registering their copyright? After all, it's not as if we don't have other things to do! Well, this piece shows you how taking time to give notice or register can be the difference in owning your attorney $15K or getting statutory damages in the amount of $150K. That's a BIG difference right?! That is why this piece is highly recommended.
