Trademark and Service Mark

Friday, April 20, 2018

Keep Your Brand From Becoming Generic

How can I protect my trademark becoming generic?

As your trademark grows in popularity, it will become important to protect it from genericide. Genericide happens when a brand becomes so well known that it morphs into a product category. Examples of now generic brands include aspirin and escalators. Once a trademark becomes generic, it loses all protection. It becomes vital for the

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Thursday, February 15, 2018

Protecting Your Business’s Website

Can I copyright my website?

In today’s internet driven world, your website will often be a customer or client’s first introduction to your business.  Your website is one of your business’s most valuable assets and, as such, it must be protected to the fullest extent. There are several steps you can take to protect your business website using intellectual property laws.

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Monday, April 17, 2017

Texas Taco Company Sues Over Alleged Infringement of its Catchphrase

How can I legally protect my business’ slogan or catchphrase?

An Austin taco-based franchise is in the midst of a legal battle over the phrase “damn good tacos.”  Torchy’s Tacos claims that a Colorado restaurant called Dam Good Tacos has infringed on its trademarked slogan.  Torchy’s registered its tagline “Damn Good Tacos” with the United States Patent and Trademark Office back in 2008, about two years after the Colorado taco shop opened for business.  Torchy’s sent a cease and desist letter to Dam Good Tacos, which uses the same phrase, but with a slightly different spelling.  The company refused to change its name and Torchy’s filed suit.

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Tuesday, December 27, 2016

Michael Jordan Wins International Trademark Dispute

How can I protect my trademark abroad?

Retired NBA all-star Michael Jordan recently prevailed in a long-running trademark dispute in China.  Michael Jordan initially filed suit against Qiaodan Sports Co. in 2012, alleging that the company’s use of the name “Qiaodan” infringed on his right to his own name and violated trademark law.  Qiaodan is Jordan’s name translated in Chinese.  The people of China widely refer to Jordan as Qiaodan.
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