Oprah – Own Your Power

Can A Catch Phrase Be a Trademark? Recently, Oprah Winfrey won a long-running trademark dispute in New York Federal Court over her use of the words “Own Your Power”.   Life Coach Simone Kelly-Brown sued Oprah for using the words on Oprah’s magazine saying that she had already been using the words as ...

“Pirate Joe” Sets Sail

Enforcing U.S. Trademark Rights Against a Foreign Infringer American law generally does not apply to the activities of foreign citizens which occur outside the U.S. As with most general rules, however, there are exceptions.  Recently, the United States Courts of Appeal in both the Ninth and Fourth Circuits have allowed Federal ...

Protecting your Mark with the Correct Registration Symbol(s)

Clients often ask why, when and how to use the federal registration (“®”) symbol with their trade or service marks. The principal reason to use a registration mark ® with your federally registered trademark is to provide notice to the public that your mark is federally registered and has the protections ...

The U.S. Olympic Committee – Too Much Power Corrupts

Although federal registration of your company’s trademark provides additional protections against infringement not enjoyed by unregistered marks, these protections aren’t self-effectuating. As the owner of a mark you must remain watchful for instances of both unauthorized use and the appearance of confusingly similar marks and take appropriate action. In trademark ...

Trademark Specimens of Use – Issues to Consider

Requirements for Multiple Specimens are on the Rise at the Trademark Office Sherman IP helps applicants respond to Trademark Office Actions for applications they filed on their own. (Sherman IP Office Action Services)  A Stanford Law School analysis shows that over 50% of self-filed trademark applications get rejected, and Sherman IP’s experience shows ...