Digital, In The News, Industries, Technology

False DMCA Takedown Notices: Ninth Circuit Holds that Copyright Owners Must Consider Fair Use Before Issuing Take-Down Notices

By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged infringer’s use is a “fair use” […]

Digital, In The News, Industries, Technology, The Basics, Trademark Filing

SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple marks appear in the Applicant/Opposer field, […]

How To's, Industries, International Registration, Technology, The Basics, Trademark Infringement

Handling Trademark Infringement Claims on Facebook

Facebook Pages form the backbone of one of the most important social media strategies your business can pursue. Pages are Facebook’s name for dedicated business presences on their site – a place where you can provide company details, information, offers, and more, all in the interest of forming a greater connection with your customers and prospects. With global reach and well […]

Industries, Technology, The Basics

Software Name Trademarks Are Crucial

You’re a software developer. You’ve worked hard on your product. All those hours, all that coding, all the design and testing. You put a lot into creating your software. Do you know how to protect what you’ve made? What is a trademark? In general, a trademark is legal protection for a name, design, logo, or other distinctive characteristic of a brand. […]

Digital, In The News, Industries, Technology

TTAB Generic Trademark Refusal: PC LAPTOPS is Generic for Computers and Computer Retail Stores

Generic words for goods and services can never gain trademark protection. Think THE BANK for a bank, FARMER’S MARKET for, say, a farmer’s market, or PC LAPTOPS for computers. The TTAB’s affirmed an examiner’s refusal, holding that the phrase PC LAPTOPS is generic for computer products and services. PC Laptops LLC filed two different applications to register PC LAPTOPS for “computers, […]

By Industry Type, How To's, Industries, Technology, The Basics

Should You Trademark (Protect) the Name of Your App?

APPs (or application software) are one of the biggest drivers of innovation for smartphones, both for users and developers. On the developer side, the relative ease of getting an APP into the store or marketplace for a particular device means that you can open up a vast audience for your program with very few roadblocks and very little overhead. The benefit […]

Digital, In The News, Industries, Technology

Facebook Files Trademark for Its Own Brand of Drone

Social media giant Facebook recently filed a trademark for a brand of UAVs – unmanned aerial vehicles. These are typically referred to as “drones,” although their design, usage, and function can vary widely. Although Facebook has expressed interest in using UAVs or drones in the past, for various purposes, this filing is notable because it means that Facebook is exploring the […]

Digital, In The News, Industries, Technology

Will Google Be Able to Trademark the Word Glass?

Google’s rollout of one of the first mainstream wearable technology devices – Google Glass – made a big splash in the technology sector. Generally, in the media and everyday conversation alike, it was referred to by that full name: Google Glass. Google, however, has made a contention, by filing an a trademark application through the United States Patent and Trademark Office, […]

Digital, In The News, Industries, Technology

Apple’s Secret Trademark Filing in Trinidad and Tobago

If you were among the millions of fans staying up-to-date on Apple’s September 9th new product announcement event, you probably had a few expectations. It was no secret that a new phone was on the way, and Apple’s entry into the wearable tech market was heavily rumored to be unveiled. And sure enough, it was – under the name “Apple Watch.” […]

By Industry Type, How To's, Industries, Technology

5 Steps To Trademark An App

It seems like you hear about a new one every other day: a software application, or app, that’s hit it big as the next new craze, whether it’s a game, a productivity enhancer, or something else entirely. There’s lots of room for success in developing an app – even if you intend to make it available for free. Some of […]

By Industry Type, How To's, Industries, Technology, The Basics, Trademark Search, Trademark Search

Trademark Classes Needed when Registering Software Applications

Today, we are discussing one of the most important elements to consider while running a trademark search for the name of a mobile application or software program.  Within each trademark application, the applicant must identify the classes in which they are providing goods and services. Overall, the USPTO, an acronym for the United States Patent and Trademark Office, breaks all […]

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