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Gerben Law Firm's Trademark Blog


This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.

The Basics of US Copyright Law

Copyright law is one of the three major forms of intellectual property, along with trademark law and patent law. Unlike trademark law, which primarily deals with brands, and patent law, which deals with inventions, copyrights protect “creative works,” and give authors and creators protection for their writings, photos, drawings, sculptures, movies, and more, like computer […]

The 30 Percent Rule in Copyright Law

There is no 30% Rule and you should think twice before using someone else’s content.

The Main Types of Intellectual Property

There are three main types of intellectual property: A trademark is anything that represents a brand. Words, logos, and slogans are common trademarks. A copyright protects works of authorship, including novels, poetry, art, and music. A patent protects aspects of an invention, which can include both functionality and design. 1. Trademarks So what is a […]

Trademark vs. Copyright: What’s the Difference?

A trademark represents your brand or product.  Names, logos, and slogans are common trademarks.  A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.  To ensure intellectual property is protected, work with your attorney to obtain a federal registration. What is a Trademark? A trademark is anything […]

How to Copyright Your Website

If you are a business owner or blogger seeking protection for your website, you should begin the process to copyright your site by registering with the U.S. Copyright Office.  Here are the 5 steps to copyright a website: Determine the ownership of the website’s content. Determine what can be copyrighted. Work with an experienced copyright […]

How to Protect Product Packaging using Copyrights, Design Patents, and Trade Dress

Product packaging and design can be protected through copyrights, design patents and trade dress.

Supreme Court: Copyright Protection Extends to Uniform Designs

One day, while browsing through a competitor’s marketing catalog, a manufacturer of cheerleading uniforms came across cheerleading uniforms that were very similar to the company’s designs. This is how a dispute between two cheerleading uniform companies started, a case that went all the way to the Supreme Court and could have drastic implications in many […]

On-line Copyright and Trademark Enforcement: Why Registration of Your Intellectual Property is Critical

As many successful online entrepreneurs have found out, with success comes copycats, especially on marketplaces like Etsy, eBay, and Amazon.  With access to platforms that allow anyone to easily set up an on-line store and sell goods, on-line infringement and counter-fitting of trademarks and copyrights has become a rampant problem. The single most effective step […]