Weekly IP Buzz for the week ending November 2, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending November 2, 2018.
Trademark Strategies for Smaller Businesses
When small companies and brands begin to open their doors, they often overlook the importance of trademark registration and enforcement due to either unawareness or an unwillingness to budget for intellectual property protection. However, having trademark strategies at the forefront can help save a business money and help prevent potential conflicts in the future. While most small companies may not have patents to worry about protecting, almost all companies should look into trademarking, at the very least, their company name or brand.
What follows are three core trademark strategies that every small business owner should consider regarding trademark protection.
First: Before any goods or services are ever sold, the brand owner or company should consider engaging counsel to conduct a trademark clearance search.
Second: If a cease-and-desist is received, business owners should be aware of the best strategies to employ to reach advantageous settlements.
Third: Small businesses should seek trademark registration protection of their best brands and products.
Read full article on trademark strategies here for smaller businesses.
Whataburger Versus Wonder Woman
With the reemergence of Wonder Woman in popular media, Texas hamburger chain Whataburger has found itself embroiled in a potential trademark dispute with DC Comics over the ubiquitous “W” logo.
With the resurgence in Wonder Woman’s marketability and popularity, DC Comics has now filed for a number of new uses for the Wonder Woman logo. The new applications now cover a new range of goods that vary from bubble gum to sports drinks. With this recent foray into food and beverages, Whataburger states that they have contacted DC Comics to discuss their respective intellectual property rights and marketing channels.
Read more here.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.