News2018-10-26T13:54:03+00:00

What is a Joint Work in Copyright?

Joint Work In Copyright / Joint Authorship A brief discussion identifying the concept of a Joint Work under US Copyright Law What is a joint work in copyright law? The Copyright Act defines a joint work as a work “prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101. The contributors to a joint work are considered Joint Authors. Broken down, that is: A work: A work of authorship (content) Prepared by two or more authors: (authors contribute content) With the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. What is a "work of authorship" in copyright? Per the US Copyright Act, works of authorship include the following categories: (1) literary works; (2) musical [...]

By |June 10th, 2022|

About Podcast Names and Trademark Law – Trademark a Podcast

About Podcast Names and Trademark Law Trademark a Podcast Brand This is a presentation provided to educate podcast producers about trademark law as it relates to the podcast industry. Trademark a Podcast Brand. Facts: How Many Podcast Trademarks Are Registered in the United States? At the time of writing this article, there are over 42,000 records at the US Trademark Office that list "podcast" in the identification. Almost 18,000 are registered trademarks listing podcasts. Over 15,000 are live podcast trademark registrations. Basics: What is a Podcast Trademark? A trademark is a source identifier. That is something ... a word, name, phrase, symbol, even a sound ... that functions to identify a particular source of goods or services. A podcast trademark is a name, phrase, or logo that is use uniformly to identify your [...]

By |June 9th, 2022|

The Section 2(f) Trademark or Principal Section 2(f) Trademark Register

What is the Section 2(f) or Principal 2(f) Register for Trademarks? Section 2(f) Trademarks are not registrable without providing proof of widespread recognition or long and continuous use. The Principal Register Section 2(f) Register is a trademark designation managed by the trademark office for marks that are generally not protectable as trademarks, but have acquired trademark protection eligibility due to widespread public recognition as a brand and / or long and continuous use. A great example is the trademark for "Philadelphia" Cream Cheese. Philadelphia - describing a city or location - can't function as a trademark because it's geographically descriptive. But, because of the famous, widespread, and long exclusive use of the name, it attained acquired distinctiveness by the public as a particular source of goods, and is therefore protectable on the Principal Register under Section 2(f). This type of trademark right is known as a trademark established by [...]

By |May 31st, 2022|

Surname Refusal Test: Is my name “Primarily Merely a Surname?”

What is my rights to my name? What does "primarily merely a surname" mean? Many people believe that they have the right to use their last name as part of their business' name. Why wouldn’t you have exclusive rights to your name? You are likely here because you want to incorporate your name into your trademark. So, can you trademark your name? The answer is, it depends. Trademark law is a complicated area, with many exceptions and factors to balance. By law, the UPTO may refuse a trademark that is “primarily merely a surname.” In other words, generally, a person cannot trademark their last name. The trademark office action refers to this rejection as a "Surname Refusal". First, let's start with the general rule. Under §2(e)(4) of the Trademark Act, a mark that is “primarily merely a surname” is not registrable on the Principal Register [...]

By |May 26th, 2022|

Philadelphia Flower Show is a Trademark

The Philadelphia Flower Show is a trademark and an annual event.  The Pennsylvania Horticultural Society (PHS) hosts the event. Typically, it is held at the Pennsylvania Convention Center in early March. Incredibly, it is the "largest indoor flower show in the world." In fact, it attracts 250,000 visitors annually. Each year there is a theme that inspires most of the exhibits. Additionally, Judges come to view and judge the submitted exhibits in many different categories. Another popular part of the show floor is the Garden marketplace. This is where visitors can buy plants and seeds. Visitors also can cut flowers and craft items. The Historical Philadelphia Flower Show The Pennsylvania Horticultural Society's founding year was 1827. Later, it hosted the nation's first flower show in Philadelphia in 1829. The first show displayed many exotic and native plants. Today, the proceeds from the Flower Show support [...]

By |January 14th, 2022|

PHILLY HOME + GARDEN SHOW Trademark Application Granted

One of many Philadelphia traditions includes the Philly Home + Garden Show. The 2022 Show is from February 25-27. Additionally, the Show is at The Greater Philadelphia Expo Center at Oaks. Tickets are available at the door or online. It is important to note, that this is different than the Philadelphia Flower Show. The Show has great historical significance. It is the nation's largest and longest-running horticultural event.  It is traditionally held at the Philadelphia Convention Center. The Philly Home + Garden Show is also different from the Philly Home Show. This year, The Philly Home Show is being held March 18-20 and March 25-27. Similar use of words impacts a trademark application. There are certain phrases that require a disclaimer to the exclusive right to use such words. What is the Philly Home + Garden Show? Are you an active DIYer? Do you love [...]

By |September 24th, 2021|

ALDI Savoritz Brand Trademark

ALDI, Inc. Savoritz Brand Trademark Price Comparison Savoritz is the Aldi brand trademark version of Cheez-its. Aldi being a discounted grocery store, the Savoritz baked cheese crackers are almost half the price of the name brand Cheez-it. The family size box of Savoritz is $2.89, whereas the family size of Cheez-its is $5.19 from instacart. The cost Savoirtz is more than three times less. Taste Comparison  There is some similarity in the packaging, and a lot in the taste. The flavor of Savoritz baked cheese crackers is almost identical to the popular cheese crackers made by Kellogg North American Company’s Cheez-it. One reviewer claims that Savoritz are a "perfect replica of the national brand." Same saltiness and cheesiness in a small crunchy cracker. In addition, the nutrition facts of Savoritz are very similar to that of Cheez-its. The same calories and almost the exact same [...]

By |December 11th, 2020|

Choosing a Business Name

Choosing a Business Name Choosing a business name may seem daunting if you don’t know where to start. A simple Internet search will show you the abundance of tools and resources available for entrepreneurs including free business name generators, articles and tips. Although it is great to have all of this information at our fingertips, it can be very overwhelming at first.  Your business name is your brand identity, and it sets you apart from competitors, so it is understandable to feel pressure when choosing a business name. In this initial brainstorming phase, it is important to stay organized and consider your options.  At EsquireTrademarks.com, we consider two different perspectives when choosing a business name; the stylistic approach, and legal considerations as it relates to trademark use. The Stylistic Approach  Our Stylistic approach streamlines the creative process in which you determine a memorable [...]

By |October 5th, 2020|

Trademark Searches

Why Trademark Searches Are Not 100% Accurate Trademark searches cannot predict with 100% accuracy whether your trademark application will be blocked by a trademark registration, or prior filed application. In fact, the only time a trademark search is 100% is when the exact trademark mark is found for the exact same services. If this happens, you know with 100% certainty that your trademark application will be denied by the Trademark Office. The Trademark Office can reject your application using similar marks – marks that have similar components – similar in sight, similar in sound, similar in meaning. This decision to reject your trademark application is a subjective decision made by the Trademark Office Examining Attorney. As such, it is impossible to predict with 100% accuracy how a particular Examining Attorney will rule on the application. How Our Trademark Searches Work For word marks, we perform an [...]

By |September 3rd, 2020|

What is a Standard Character Mark? – Word Marks vs. Design Marks

What are the Differences Between Standard Character Marks and Design Marks? When submitting a trademark application for your business, it is important to decide whether to submit a Standard Character Trademark (aka Word Mark), or a design mark (aka Logo). Clients regularly ask which of these they should apply for to get the best protection for their brand. Usually, I advise that first you register the mark as a standard character trademark, if possible.  Standard Character marks cover the word(s) and provide the broadest form of protection compared to design or logo versions of your trademark. Standard Character Marks cover (provide protection for) the words shown in a stylized design mark or logo - no matter how it looks. Any design or logo that contains the registered word(s) is protected by a standard character mark. You can use any design / logo to show proof of use to [...]

By |May 27th, 2020|
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