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Happy New Year! Curb Your Enthusiasm With These Resolutions

Larry David’s comic masterpiece “Curb Your Enthusiasm” returned for a 10th season on HBO last Sunday. One of the episode’s running jokes was David’s insistence on a three day statute of limitations for wishing someone a “Happy New Year.” After that, he opined, such wishes are meaningless. In the spirit of the show I am providing six resolutions that you should adopt to...

Trademark Office Not High on Marijuana Trademarks

The rapid growth of the legal marijuana and cannabis industries has created a wide range of opportunities and challenges for lawyers advising clients developing businesses in that space. From challenges shipping products to land use issues to the inability to use traditional banks, cannabis entrepreneurs and their attorneys have had to invent creative solutions to problems that most businesses never face. The...

Foreign Trademarks Must Be Registered in the U.S. to Be Enforceable Here

Unlike copyrights or patents, trademarks operate under a country-by-country legal regime.  The legal force of a registered trademark evaporates when crossing a border to a nation where it is not registered.  Without a registration in a country, a foreign trademark owner generally has no effective rights in that country, except for weaker common law rights that derive from actual trademark use. While European...

Trademark, Service Mark — What’s the Difference?

“It makes no difference, night or day.  The shadow never seems to fade away.”  — The Band A potential client recently asked how is a service mark different from a trademark?  This is a common question we receive. A trademark is anything that is used to identify the source of goods or services.  Trademarks can consist of words, slogans, designs (logos), sounds or even scents.  Prominent...

“The Founder” Shows the Value of Trademarks for Growing Businesses

In the new film “The Founder” Michael Keaton’s Ray Kroc takes the concept for an efficient, high quality low cost diner with a limited menu and, through his relentless drive, expands it into the world’s biggest restaurant chain. In franchising the original concept developed by the brothers Dick and Mac McDonald, Kroc created the world’s most successful — and lucrative —...

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