Insights & Tips
To show that something has acquired secondary meaning, the following evidence may be relevant: Age and history of the mark. Amount of effort and expenditure used to promote the mark as a name or symbol distinctive of the plaintiff’s goods or services. …
Things can become protectable trademarks in two ways: 1) by being inherently distinctive, or 2) by becoming distinctive. “Secondary meaning” is another term used to indicate “acquired distinctiveness” and means that the mark has come to indicate to con …
A trademark is a word or other kind of symbol that is used by a person or company to distinguish its goods or services and indicate their source. For example, Ford Motor Company uses the trademark MUSTANG to distinguish a line of cars. Under the United …
The U.S. Department of Labor (“DOL”) publishes a guidebook for businesses with general information on the laws and regulations enforced by the the DOL. The guidebook describes the statutes most commonly applicable to employers and explains how to obtai …
There are several steps you should take to preserve your company’s trade secrets when an employee decides to leave the company. All departing employees should be asked to participate in an exit interview to learn about the employees plans after depar …
For you to follow developments in Intellectual Property law and business, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about “IP, Copyright, Trademark, and Advertising” from sources across the Web. This link will t …
For you to follow developments in art, gallery, auction and museum law and business news, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about the art industry from sources across the Web. This link will take you dir …
For you to follow developments in Fashion Law and Business News, CASTAYBERT PLLC has created a Scoop It account collecting the most up-do-date news about the fashion and apparel industry from sources across the Web. This link will take you directly t …
Celebrities have long registered trademarks for their names. Now, college football coaches are getting into the trademark game, too. USC football coach Steve Sarkisian has registered a trademark for “Sark” and “Coach Sark” for clothing and an online …
There’s no such thing as “just a text” anymore. Just as this quick and easy means of communication has made its way into most of our personal lives, it has also become an everyday tool in workplace communications. This raises some issues worth consid …
It’s difficult to imagine launching a marketing campaign in any business, let alone in the fashion industry, without using social media. These tools can introduce more would-be customers to your product and do it faster than ever imaginable, and they …
Robert Frisby, an attorney with the Federal Trade Commission, discussed the FTC Rules on textile labeling and advertising at TEXWORLD USA 2014, last month. His remarks include disclosure requirements regarding fiber content and country-of-origin, as w …
