Registration and maintenance of a trademark requires that the trademark is distinctive and does not become generic. There are five categories of trademark distinctiveness: In descending order, from strongest to weakest, the spectrum of distinctiveness: “FANCIFUL” – Fanciful trademarks are the strongest. They include made up words or phrases that have no relation to the product […]
It’s always exciting to see the success of our clients as they continue to grow their brand! In October 2016, LoTempio Law introduced Debbie Sullivan of Kae and Cami. Debbie invented a magnetic accessory which includes design hearts and interchangeable attachments. These attachments can be worn with a variety of apparel including scarves, T-shirts, beach wraps, pashminas, […]
Guest Blogger: Ashley Ann Czechowski, University at Buffalo Law student On December 2, 2014, the U.S. Supreme Court heard oral arguments to decide if decisions by the Trademark Trial and Appeal Board (TTAB) to refuse or cancel registration of a trademark should be binding in subsequent trademark infringement litigation. In the case of B&B Hardware, […]
On Wednesday, June 18, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a ruling that canceled the federal registration of six trademarks related to the Washington Redskins of the National Football league. The petition was brought to TTAB by five Native Americans in an attempt to cancel the trademarks […]
One of the most cherished aspects of Italian culture is the dolce far niente, the art of doing nothing. It is those celebrated moments of smiles and laughter exchange over lingering cups of espresso or glasses (often bottles) of wine, independent of purpose or agenda that delight the heart and nurture the soul. Such moments […]
Recently, Barbara A. Piazza and I had the opportunity to meet with Rebecca Christie, the proprietor of “Savory Sips,” an exclusive wine store located in the heart of Lewiston, New York. During our visit Rebecca shared her vast knowledge of the wine industry. She spoke of the wonderful wineries along the Niagara Wine Trail and […]
The ACPA did not not provide a cause of action for contributory cybersquatting. The U.S. Court of Appeals ruled December 4, 2013 on the matter. The court affirmed a district court’s grant of summary judgement in favor of the website, GoDaddy.com. (Petroliam Nasional Berhad v. GoDaddy.com, Inc.) The ACPA imposed civil liability for cybersquatting on […]
Imagine this: You have finally achieved your life-long goal of fermenting, bottling, and producing your own wine. You have received your COLA (Certificate of Federal Authority) from the Federal Government. You begin selling and advertising your product and you feel like the sky is the limit for your new business. A few weeks go by, […]
This morning I went down to the studios of WBFO 88.7 radio station to record the next installment of the You & the Law radio series. This program is featured on NPR’s “All Things Considered” and will air on Friday, November 8 at 5:45 p.m. My interview host Mike Desmond met me at the radio […]
Trademark law is a staple of any intellectual property attorney’s practice, and should be a topic most independent inventors or business owners are at least familiar with. It is highly likely therefore that these parties will at some point in their ventures have to deal with the Trademark Trial and Appeal Board (TTAB), either to […]