Five Immoral Trademarks

Did you know scandalous, deceptive, disparaging or immoral trademarks cannot be registered? This means that trademarks that contain expletives, demean a group, misrepresent their origin or otherwise cause mayhem cannot be given the trademark protection that other trademarks might get. What Are Immoral Trademarks? The issue of immoral trademarks is currently in the Supreme Court in a case involving a band named the Slants. Basically, federal trademark law is what allows you to register and protect your brands. But § 2(a) of the Lanham Act prohibits registration of ...

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International Trademark Registration: What You Need To Know

Since business is often global, many people are curious about what it takes to get an international trademark registration. Because of the way that trademark laws around the world work, protecting your brand globally can be a bit of a challenge. This article will give you the basics on protecting your trademark and brand abroad. What Do I Need To Know About International Trademark Registration? There is no such thing as an international trademark registration: Technically, there is no such thing as an international trademark registration. When you register a tradema...

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What Is A DMCA Takedown Notice?

A DMCA takedown notice is an amazing tool in the arsenal of any creative business ("DMCA" stands for "Digital Millennium Copyright Act"). You can use a DMCA takedown notice to get sites that host third-party content (think Amazon, Ebay, Facebook, etc.) to remove content that infringes on your copyright. If you are a creator who has been plagued by knockoffs or other types of infringements, you should understand how a DMCA takedown notice works. What Is A DMCA Takedown Notice? A DMCA takedown notice is a notice that you send to a site hosting infringing content. If the ...

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Client Profile: Toni Truong & TONI Trademark

This month we would like to feature our trademark client Toni Truong. We helped her overcome an Office Action from the USPTO which would have prevented her trademark from being registered. With our help, Toni’s handbag line can now get the full benefits of a federal trademark registration. We sat down with Ms. Truong to get her thoughts on why she hired a trademark lawyer and how she operates her brand. Why did you decide to apply for a trademark? I think it is a form of insurance to preserve an original idea and protect the longevity of the business. I felt it ...

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Creative Business Legal Roadmap

The Creative Business Legal Roadmap is now available to members of the Creators' Legal Program. This checklist of key legal issues gives you a high-level view of the types of things that any creative business owner will want to consider in starting, running and growing a business. Setting a solid legal foundation is crucial and we want to help you get oriented. This roadmap provides a checklist for thinking about: business formation, copyright, contracts, collaborating and everything else that goes into a successful creative business. We want to help members of the ...

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Creators’ Legal Program Members Now Get A Free Trademark Search

Now members of the Creators' Legal Program get a free trademark search with their membership. As lawyers who work with creative businesses, we know how important it is for creative businesses to have a strong legal foundation for their brand. A professional trademark search is the place to start building that foundation. Why A Free Trademark Search? If you are building a brand, the most important thing that you can do is make sure that the name or slogan that you pick isn't going to have any problems getting registered (or worse, face a trademark infringement lawsuit). ...

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What Our Members Say About The Creators’ Legal Program

Now that the Creators' Legal Program is almost a year old, we asked some of our members what they think of our subscription-based legal program. While we have always been excited about pioneering a new model for providing legal services, the best insights come from the people who actually use the Creators' Legal Program What Our Members Say One of the key benefits that we seek to deliver to members of the Creators' Legal Program is the ability to prevent legal issues by providing legal advice and information before situations turn into expensive headaches. By having ...

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Guide to Copyright Licensing

We have just put together a Guide to Copyright Licensing for our Creators' Legal Program members. It's a free guide that walks business owners through the issues that are important to consider when licensing copyrights to another person or business. Why A Guide to Copyright Licensing? In our work with creatives, we realized that many business owners were not aware of the value of their copyrights and how to license them to generate additional revenue. On the other hand, in our work with companies who wanted to get permission to license someone else's work, we realized ...

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How To Maintain Your Trademark

Once you have secured a federal trademark registration, you must take steps to maintain your trademark. They are not complex steps, but if they are not followed, you risk losing your trademark rights. This can be costly in a number of ways. This article highlights three important ways to maintain your trademark. How To Maintain Your Trademark Once you have a registered trademark, you have the responsibility to maintain your trademark. Let's go over some of the things that you need to know in order to keep your trademark rights going: File Section 8 Declarations: ...

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Client Profile: The Kloons

This month our featured client is The Kloons, a comedy trio and viral production team comprised of Greg Washburn, Mitch Lewis, and Nik Kazoura. Widely known for their YouTube channel, The Kloons have been featured on Ellen and The Huffington Post. The guys also operate The Kloons Viral Studio, a space where viral content is strategized, produced, and marketed. Check out their amazing work! The Kloons were featured on Ellen. What lessons did they learn from their time in the spotlight? A: The entire Ellen experience was incredibly valuable for us, and mostly in ways ...

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