Browsing All Posts filed under »Trademarks«

Intellectual Property And The First Amendment: The University of Alabama and Daniel Moore

June 20, 2012


Licensing the logos, mascots, colors and other intellectual property of universities and colleges is big business and one that the institutions take very seriously.  Nothing reveals this fact more clearly than the seven year case between the University of Alabama and artist Daniel Moore. Daniel Moore has been painting scenes of University of Alabama sporting […]

What Trademark Owners Need To Know About The New gTLD Program

May 10, 2012


The Internet Corporation for Assigned Names and Numbers (ICANN) will increase the number of generic top-level domains (gTLDs), which label internet domains with such common examples like .com, .org, .net and others.  This increase will mean that businesses can create gTLDs with their business name, if they complete the application process that has been instituted […]

Trademarks: Why it is a Good Idea at Some Point

April 23, 2012


Article Highlights: Once the company begins to use its brand and becomes a proven force in the marketplace, then trademark protection is probably a good idea. Before pouring too much money into advertising and promotional materials, getting a registered trademark helps insure that the company actually owns the trademark. If the company has the money […]

Trademarks: Why They May Not Be Necessary At The Outset, But Naming Is Always Important

April 17, 2012


Article Highlights: choosing a name that does not infringe on another company’s name is essential for business success; registering a trademark is often not essential at the beginning, but is extremely helpful if a problem arises; searching to make sure that you do not infringe is always a good idea before you begin to spend […]

Collaboration, Litigation And The Protection Of Intellectual Property

August 17, 2011


In recent years, microbreweries have been growing in popularity as an innovative and creative business venture in the realm of food and beverage. As a business, microbreweries tend to harp on qualities such as uniqueness to their brand, and the names of their individual beers follow suit.  With the rapid growth of microbreweries, it was […]

Update: Ownership Or License?

May 4, 2011


In June 2010, we discussed the case of Vernor v. Autodesk, Inc. In 2008, Autodesk, a business that produces 3-D modeling software, sued Craig Vernor for selling used copies of the company’s software on E-Bay. Autodesk argued that software is licensed and not owned by the user, therefore making it illegal for any purchaser to […]

Ownership or License? Where to Draw the Line on Copyright Infringement

June 30, 2010


Most likely, Craig Vernor had no idea the firestorm he would create when he decided to put used copies of AutoCAD, a 3-D modeling software often used by architects, up for sale on E-Bay. He wanted to sell the $4,000 software (when new) for about $400 online. (Vernor’s actions on E-Bay are by no means […]

Battle of the iPads Resolved

April 21, 2010


As previously discussed in my March 3rd blog post, the iPad name posed a problem for Apple because Fujitsu owned a pending trademark application for a product with the same name. It was my contention then that a settlement would likely be reached due to Apple’s deep pockets. As it turns out, this was correct. […]

North Face Takes On South Butt

February 24, 2010


The outdoor clothing giant The North Face Apparel Co. (“The North Face”) has filed a trademark infringement suit against a Mizzou freshman who started a company called The South Butt to help pay for college. The North Face’s tag line is “Never Stop Exploring” while The South Butt sells products with the tag line “Never […]

What’s in a Name?

March 28, 2007


I have had an ongoing battle with my friend Allen Kilgore.  It seems Allen wants to name his team for his MS Walk — Team Red Mountain.  Now I have nothing against the good folks at the MS Society. (In fact, if you want to donate, click here.)  However, I was struck by his assertiveness […]


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