Insights
The Weseman Law Office, PLLC page for FAQs, legal news, and legal analysis.
MacMan: the Trademark Blunder that Wasn*t
In 1998, Apple was struggling. Steve Jobs had just rejoined the company and faced a big decision: what to call the new line of Macintosh products that would allow consumers to quickly plug in to the internet. Ultimately, Jobs chose “iMac” and the rest of the iNames – the iPod, the iPhone, and the iPad – are history. But the interesting story to me, as a trademark attorney, ... read more
Brewing up a Good Name, Indeed
Great coverage from Hot Dish on how one local brewery went about selecting its name: Indeed. Q:Where did the Indeed name originate? Nathan Berndt: We contemplated what we would name our brewery for quite some time while writing our business plan. We’d brainstorm for days and weeks. When we’d find a name we liked, we’d do the due diligence on the availability of it. We’d oft... read more
Know The Differences: Patents, Copyrights and Trademarks
Source: United States Patent and Trademark Office Patents: A patent is a grant of exclusive rights over an invention to an inventor by the government. In exchange, the patent is publicly disclosed. These rights allow the holder to exclude others from using or selling the invention. Patents do not run indefinitely, though. In the United States, patents expire after 20 years. Interesting Patents: ... read more
New Brands v. Fashion Brands
As a trademark attorney that works with creative entrepreneurs, I love to read business descriptions like this one, from Warby Parker’s website page “How We Do It:” Well, first it’s important to understand how glasses are made today: Most high-end fashion house brands don’t design or produce their own eyewear. They sell those rights to massive companies that do it all... read more
Trademark Bullying
Business Insider recently released a list of the top ten trademark “bullies”. Trademark bullies are companies that defend their trademarks with a heavy hand, beyond the reasonable reach of trademark law. A well-known example comes from Vermont folk artist Bo Muller-Moore. Bo screen printed shirts with the phrase “Eat More Kale.” These shirts sparked a cease-and-desist l... read more
Introduction to the USPTO and Trademark Basics
Earlier this fall, the United States Patent and Trademark Office posted a series of videos to Youtube, entitled “TM Newsflash.” The videos are presented from a mock newsroom setting and cover a variety of important trademark issues. This video, “Introduction to the USPTO and Trademark Basics” is the first video in the series. After the video, I’ve included a verbatim transcript taken fro... read more
Before You File Your Trademark Application
Earlier this fall, the United States Patent and Trademark Office posted a series of videos to Youtube, entitled “TM Newsflash.” The videos are presented from a mock newsroom setting and cover a variety of important trademark issues. This video, “Before You File For Your Trademark” is the second video in the series. After the video, I’ve included a verbatim transcript ... read more
Searching for Conflicting Trademarks
Earlier this fall, the United States Patent and Trademark Office posted a series of videos to Youtube, entitled “TM Newsflash.” The videos are presented from a mock newsroom setting and cover a variety of important trademark issues. This video, “Searching” is the third video in the series. After the video, I’ve included a verbatim transcript taken from the USPTO website. Enjoy! P.S. My f... read more
Your Trademark Application: Applicant Information
Earlier this fall, the United States Patent and Trademark Office posted a series of videos to Youtube, entitled “TM Newsflash.” The videos are presented from a mock newsroom setting and cover a variety of important trademark issues. This video, “Applicant Information” is the fourth video in the series. After the video, I’ve included a verbatim transcript taken from the USPTO website. Enj... read more
Your Trademark Application: Drawing
Earlier this fall, the United States Patent and Trademark Office posted a series of videos to Youtube, entitled “TM Newsflash.” The videos are presented from a mock newsroom setting and cover a variety of important trademark issues. This video, “Drawing” is the fifth video in the series. After the video, I’ve included a verbatim transcript taken from the USPTO website. Enjoy! P.S. Althou... read more
