Defining Vulgarity: TTAB Denies Scandalous Trademark Registration

F**k, and its variants, appears in headlines, on t-shirts, and even in comic strips in the Sunday newspaper. On the one hand, it is the polite and socially acceptable way to express a quite impolite word. On the other hand, to paraphrase the comedian Louis CK, using “f**k” simply puts the word in the reader’s head, and is no different than writing the word in full. Is “f**k” vulgar or merely an obscenity altered for polite company?

Which words can be considered a "fig leaf,' versus a true socially unacceptable expression? Read more about vulgarity and Trademarks.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Trademark Management: The SEC and Jeb Bush

Republican presidential candidate Jeb Bush is ready to take the South. But the Southeastern Conference doesn’t want to appear like it is along for the ride. Within days after Bush rolled out branded merchandise in preparation for a road trip to states with SEC universities, the SEC negotiated with his campaign to change the trip’s associated logo because it said the logo closely resembled the conference’s own.

Was Jeb Bush's campaign logo within "fair use"? Read more about Trademark Management.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Copyright Invalid on 'Happy Birthday' Song, According to Court

Ever wonder why the staff doesn’t just sing “Happy Birthday to You” when you go to your local restaurant chain for a free birthday steak? For more than 80 years, the song’s lyrics were copyright protected, and the holder, music publisher Warner/Chappell, charged users a licensing fee—collecting more than $2 million a year. A judge ruled on September 22, however, that the copyright was not valid, and the song essentially entered public domain.

You might not currently have to pay for its use, but people are still hesistant to sing the original. Read more about Copyright Litigation.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Got a New "Gig"? Make Sure You Can Get Going

Mobile On-Demand Technology Platforms are under increasing scrutiny by State and Federal employment agencies to reclassify the independent contractors that use the technology as employees of the technology or service providers. Drivers have filed suit against Uber in California to seeking employment status, and the National Labor Relations Board has been on a hot streak of opinions in favor of employment status over traditional independent contractor treatment. Even the US Department of Labor in July of this year issued a Wage and Hour Division Administrator’s Interpretation providing for a broad definition of “employee” under the Fair Labor Standards Act that indicates an increased expectation of employee over independent contractor classification.

What macroeconomic costs are associated with self-employment? Read more about the employee vs. contractor debate.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Weekly IP Buzz for week ending May 11, 2018

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending May 11, 2018.

France Seizes France.Com

A Frenchman living in America is suing France over France’s recent seizure of the Internet domain that he previously owned: France.com. This dispute is distinctive in the fact that it is not the stereotypical case of brand owner versus domain cybersquatter. Instead, the seizure of this domain from an American citizen by a foreign power raises interesting questions about eminent domain in the realm of intellectual property as opposed to real property as well as jurisdictional questions over venue and governing power. Read more about domains and cybersquatting.

Tough Time Flying? There May be a Patented, Digital Pill For That Soon

If you ever have a tough time flying, struggle with how to combat potential jet leg, or just wish that the flight attendant would bring you water or snacks when you need them, British Airways may be developing the digital pill for you. In March 2014, British Airways filed a patent application entitled “Travel Environmental Control” with the intent to personalize the travel environment to the individual passenger. So how would this work? Read more about patents and digital pills.

4 Common Trademark Registration Mistakes to Avoid

Registering a trademark is an important part of building a brand and growing name recognition. However, trademark filers sometimes make common trademark registration mistakes. The following provides a discussion of these mistakes and steps that can be taken to avoid them. When filing for a trademark registration, applicants must describe the goods and services that they intend to register with the goods and services. One common mistake that applicants make is to limit the goods and services to an overly narrow phrase or description. Read more about Trademark Registration.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Weekly IP Buzz for week ending May 4, 2018

Facebook's Testimony Before Congress; Contracts and the Internet of Things; Hoverboard Fights Segway at ITC

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending May 4, 2018.

What Do People Need to Know About Facebook’s Testimony Before Congress?

Recently, we discussed Facebook’s latest scandal and its implications for the Browser Act. Today, we build on that with discussion of Mark Zuckerberg’s testimony before Congress. The crux of Zuckerberg’s testimony discusses two types of data. The first type of data is user-generated “content” that Facebook users post. This would include, but is not limited to, photographs, videos, articles shared, and even status updates. The second type of data is more sensitive data, what we normally would call users’ personal information. This type of information would include, but is not limited to, geolocation information, browsing history, and users’ clicked-on ads. Read more about Facebook's testimony.

The Internet of Things: New Questions about Contracts

When the Internet first became prevalent, it ushered in several new contracting questions with the rise in use of end-user agreement practices. Take, for example, “click-wrap” agreements, whereby users agree to terms and agreements before the use of any actual services of products, with the click of a button. Now, as the Internet of Things (“IoT”) has become reality, the legal landscape is again wrestling with change in what it means to form a contract, as IoT devices create further distance between the user and the actual process of contract formation. IoT is the now common name for everyday devices (e.g., coffee machines, refrigerators, etc.) becoming connected to the Internet, allowing them to send and receive data and to, in theory, become “smart.” Read more about the IoT.

Makers of Hoverboard Fighting Segway at ITC

The U.S. International Trade Commission has begun investigating a complaint that Powerboard LLC’s “Hoverboard,” among other companies and products, violates a collection of patents held by Segway, Inc. You have probably seen high school and college students rolling by you recently on a two-wheeled contraption that reminded you of Marty McFly from Back to the Future, Part II. That contraption would be a “Powerboard by Hoverboard,” and Segway alleges that Powerboard LLC violates Section 337 of the Tariff Act by importing and selling the Powerboards and their components. Read more about the Hoverboard kerfuffle.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Weekly IP Buzz for week ending April 27, 2018

Jack Daniel's Battles Two Whiskey Distributors; Protecting Internet Privacy; Jay Z's Copyright Lawsuit

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending April 27, 2018.

Jack Daniel’s Sues Two Texas-Based Whiskey Distributors

The Brown-Forman Corporation, which owns the Jack Daniel Distillery (“Jack Daniel’s”), has filed suit against two Texas-based whiskey distributors for various intellectual property infringement claims that include, but are not limited to, Jack Daniel’s trade dress infringement, false advertising, and trademark infringement. Specifically, Jack Daniel’s has filed suit in the U.S. District Court for the Northern District of California allegeing that two Texas-based companies that produce bourbon whiskies are deliberately infringing upon Jack Daniel’s trade dress. In the complaint, Jack Daniel’s complains that Dynasty Spirits and Buffalo Bayou Distillers d/b/a Gulf Coast Distilleries, are producing whiskey lines that attempt to palm off of the established goodwill and reputation of the more well-known whiskey distributor, Jack Daniel’s. Read more about the Jack Daniel's dispute.

States Lead the Charge in Protecting Internet Privacy

In light of recent changes to the federal Internet privacy law, state lawmakers have begun to draft and propose legislation aimed at creating broad protection and guidelines when it comes to protecting the personal data of consumers online. Earlier this month, Congress approved the rollback of certain protections in the “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” bill that would have protected consumers’ personal data (e.g., browsing history, app usage, etc.) online by making it more difficult for companies to collect, share, or sell such consumer data. Read more about the internet privacy controversy.

Jay Z Wins Copyright Lawsuit Over Song Royalties Payments

Sound engineer Chauncey Mahan has now all but exhausted his remedies in a copyright claim against rapper Jay Z after the Second Circuit affirmed a district court ruling against him and remanded the case for further damages calculations. In July, a Manhattan judge awarded Jay Z $253,000 in attorney’s fees after saying that Mahan’s claim was “objectively unreasonable.” Mahan sued Jay Z, Roc-A-Fella Records, and Roc Nation in 2014, alleging that he had a copyright interest in more than 40 songs that he worked on with the rap superstar. Most prominently, the sound engineer had worked on Vol 3… The Life and Times of S. Carter and afterward owned several masters, outtakes and unpublished materials. Read more about the copyright law.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Trademark Conflicts Brewing Over Craft Beers

When you think of fall, you think of football and beer but you don’t think of the just the “Big Beers.” Today, it’s all about craft beers. The craft beer industry continues to grow as new craft breweries are popping up constantly, bringing interesting new beers and brands to the market. But in an industry of more than 3,000 craft breweries, finding unique brand names is a challenge. There are only so many plays on the word “hop.” And in the crowded craft beer industry, conflicts over trademarks are inevitable.

What are "use rights," and are they enough when it comes to your safeguarding your brand? Read more about Trademark Protection.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Ninth Circuit Warning Over DMCA Takedowns

YouTube users rejoice: The Ninth Circuit in a September 14 decision gave copyright holders something additional to consider before sending Digital Millennium Copyright Act takedown notices, holding that they must weigh fair use before sending takedown notices to hosting websites. In this case, Lenz v. Universal Music Corp., a mother had posted to YouTube a 29-second video of her two children dancing to a Prince song, “Let’s Go Crazy,” which was playing in the background. In response, Universal sent YouTube a takedown notice on the video claiming that Lenz had infringed on the song’s use, and as a result, YouTube removed the video.

Find out if Lenz won out over consideration of "fair use."  Read more about DMCA Takedowns.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Patents and Search Tools: EAST vs. West

Before filing a patent application, a search is typically conducted to discover patents, patent applications or other publications (collectively known as prior art) that may affect whether an invention may be found patentable. Many search tools are publicly available and can provide search results to help focus the subject matter of a patent application and/or provide an indication of what to expect from the United States Patent and Trademark Office (USPTO), after an application is filed.

Dallas satellite office of the USPTO may offer access to valuable patent search methods. Read more about Patents.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Trump and Trademark Infringement

Donald Trump is perhaps one of the most divisive presidential candidates in the primary field today, so it is probably no surprise that a website’s entire business centers around a dislike for him. Recently, Trump tried to shut it down. Trump’s general counsel sent a cease-and-desist letter to merchandise site StopTrump.us, threatening legal action if the site did not stop using Trump’s name.

Anti-cybersquatting, confusion, and dilution; do these potential claims hold water in this case? Experts weigh in. Read more about Trademark Infringement.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Patent Applications and Pitfalls of Do-It-Yourself IP

As discussed in a prior post, services, such as Invent Help or LegalZoom, may provide an inventor with a supposedly lower-cost way to access the patent system, using these services when patenting can be full of pitfalls for the unwary. Another pitfall of using these services to file a patent application, or filing a patent application pro se, is that an improperly written patent application can be almost as bad as never having filed an application in the first place. While there are many factors that can contribute to a patent application being considered “improperly written,” failure to describe the invention in sufficient detail, failure to claim the invention properly, and over-describing prior art are just a few.

Learn why less may be more when it comes to descriptions of prior art. Read more about Patent Applications.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Weekly IP Buzz for week ending April 20, 2018

IP Issues with Virtual Reality; Trademark Registration Mistakes; Common IP Scams

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending April 20, 2018.

New Intellectual Property Issues Emerge with the Advent of Virtual Reality

With the rising popularity of virtual reality, new issues have begun to emerge in intellectual property law. From patent disputes to rights of publicity issues, virtual reality has provided a new realm for legal disputes to arise. In patent law, experts have begun to see a rise in the amount of litigation regarding patent disputes that claim ownership of the underlying virtual reality technology itself. As virtual reality technology continues to advance, and more gadgets are introduced, the underlying patents have become hotly contested. Because virtual reality technology is evolving so quickly, the courts have yet to really define what differentiates one virtual reality technology’s novelty from another. Read more about virtual reality.

4 Common Trademark Registration Mistakes to Avoid

Registering a trademark is an important part of building a brand and growing name recognition. However, trademark filers sometimes make common trademark registration mistakes. The following provides a discussion of these mistakes and steps that can be taken to avoid them. When filing for a trademark registration, applicants must describe the goods and services that they intend to register with the goods and services. One common mistake that applicants make is to limit the goods and services to an overly narrow phrase or description. As such, the trademark, if approved for registration, may not cover the complete spectrum of goods and services that the applicant aims to capture. Read more about trademark registration.

Protect Your Business From These Common IP Scams

Small brand owners and self-proprietors are often the target of intellectual property scams that are intended to elicit quick cash from innocent owners. For instance, a recent story from Nebraska details how a small coffee shop was targeted by these scammers. In Nebraska, the scammers sent an official-looking letter to the local coffee shop advising the owners of Muglife Coffee to register their trademark and brand on “international trademark registries” to potentially avoid losing rights to their mark. The letter asked the coffee shop owner to pay over $2,500 each time to “register” the trademark. Read more about intellectual property scams.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Texas Court Strikes Down Revenge Porn Statute on First Amendment Grounds

In 2015, the Texas legislature passed a "revenge porn" law that criminalizes sharing online intimate images of current or past relationships.  

Revenge Porn Statute Held Unconstitutional

The 12th Court of Appeals in Tyler held the law to be unconstitutional because it's too broad and infringes on free speech.  In his opinion, Chief Justice James Worthen said the First Amendment usually prohibits "content-based" restrictions.  The court also held the law to be vague and further that it infringed on the rights of third parties, who unknowingly share intimate images online.  

Attorney General's Decision to Defend Revenge Porn Statute

The Texas Attorney General will decide whether to defend the revenge porn statute.  

Read the original story here:

https://www.dallasnews.com/news/texas/2018/04/21/appeals-court-strikes-texas-revenge-porn-law

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Weekly IP Buzz for week ending April 13, 2018

The "Browser" Act and Facebook; Copyright Protection for YouTube Content Creators; The Internet of Things

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending April 13, 2018.

The “BROWSER” Act Explained and Implications for Facebook

In light of the recent scandal regarding Facebook and Cambridge Analytica, the general public has been up in arms about the protection of their personal data. A recent survey found that less than half of Facebook users trust Facebook to comply with American privacy protection laws. As such, last year’s Balancing the Rights of Web Surfers Equally and Responsibly (“BROWSER”) Act has been come under renewed scrutiny. Originally introduced in 2017, the BROWSER Act requires both internet service providers (“ISPs”) and content providers (e.g., mobile apps, Facebook, Google, etc.) to obtain opt-in consent from users before sharing the user’s personal information with third parties. Currently, it is common practice for content providers to not only collect a user’s personal data (e.g., email address, location, etc.) but to pass it along to third-party marketing agencies or similar businesses. Read more about online privacy.

[This Title is No Longer Available Due to a Copyright Claim]: YouTube to Update Content ID in an Effort to Protect YouTube Content Creators and Increase Copyright Protection

Since 2007, YouTube’s automated Content ID system has been helping the company catch potential copyright violations that occur on the site to aid copyright protection. Copyright owners, such as music producers or movie studios, will upload content to the system where they will then be assigned a digital identifier that will help to identify any content uploaded on to the site that infringes their copyright. Once Content ID flags a video for violating existing copyrights, the copyright holder will be notified of the violation and will have the option to either have the video removed or earn advertising revenue generated by the infringing content. Read more about copyright violations.

Does the Internet of Things Need a Moral Compass?

As we have often discussed, the Internet of Things (“IoT”) has become the next iteration of the Internet. IoT refers to the connection of everyday devices to the Internet. This connectivity allows previously “dumb” devices to transmit and receive data via the Internet in order to transform these run-of-the-mill devices into “smart” devices. By 2020, experts estimate that IoT has the potential to generate more than $300 billion dollars in revenue. But as the reality of IoT looms ever closer, many experts in the field have begun to question whether IoT’s prevalence in our daily lives will raise ethical and moral implications. Read more about the IoT.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Weekly IP Buzz for week ending April 6, 2018

Initial Coin Offerings and the Texas State Securities Board; Secondary Trademark Liability; Online Privacy for Children

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending April 6, 2018.

Initial Coin Offerings and the Texas State Securities Board: Leading the Way or Going Astray?

The Texas State Securities Board recently issued emergency cease and desist orders against different cryptocurrency companies for violating sections of the Texas Securities Act. Texas was the first state to issue an administration order on cryptocurrency. In particular, the Texas State Securities Board alleged these companies were illegally and fraudulently offering investments in the State of Texas, which were considered securities and subject to regulation by the Texas Securities Act. Read more about initial coin offerings. 

Background of Secondary Trademark Liability on the Internet

While the law does not always evolve at the same speed as technology, today’s law recognizes a number of ways companies and individuals can be found liable for inducing or contributing to another’s trademark infringement online. This law provides brand owners with opportunities to stop infringement online by seeking to hold liable a third party that controls or provides the means of infringement. while this law finds its roots in a U.S. Supreme Court case from 30 years ago, it applies to as a source of secondary trademark liability on the Internet. Read more about secondary trademark liability.

COPPA and Online Privacy for Children

The latest season of HBO’s hit comedy Silicon Valley highlighted the very real liabilities for companies that fail to comply with the Children’s Online Privacy Protection Act (“COPPA”) by implementing online privacy safeguards for children and users under 13. In the Silicon Valley episode, a fledging startup company that specializes in video-chat faces potential COPPA fines numbering in the billions because their company, which enjoys a predominantly young user base, failed to include terms of service and privacy policies that comply with COPPA. As COPPA penalties have been set at $16,000 per child, the potential fines were devastating for the startup and ended up leading to its demise. Read more about online privacy.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

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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.

Steps to Structuring IP Enforcement Programs

Infringement of intellectual property (IP) poses significant losses to U.S. companies each year. As technology advances, infringers capitalize on new methods of misappropriating trade secrets and infringing upon both copyrights and trademarks. While intellectual property encompasses a broad range of rights including trademarks, copyrights, trade secrets, patents, domain names, and other proprietary rights, this article focuses primarily on trademark and copyright infringement occurring either on the Internet or through physical products (e.g, counterfeiting).

How much do your copycats cost you? As an IP owner, start first by determining the extent of the infringement "harm" you suffer. Read more about IP Enforcement.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Trademarks and Brands: Protection Against Infringement – Part I

The following is a summary of basic and advanced tips I have developed for protecting clients’ interests in their trademarks and brands. Often one of a company’s most valuable assets is its trademark, service mark, and/or trade dress. The best way to protect an owner’s right in its mark against use by others, dilution, or loss of good will is by registering the mark. While common law trademark protection can provide some degree of protection against others using similar marks, this protection is generally limited to the particular geographical location in which the mark is being used. Obtaining a federal registration provides added benefits to the owner of the mark, including exclusive rights to use the mark throughout the U.S. and protection against infringers. 

What are some unintentional acts that can lead to trademark abandonment? Read more about Trademarks and Brands.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Attention Companies: Protect Valuable Assets With Employment Agreements

In the 21st Century, intellectual property (IP) represents one of the most important assets for companies. The amount of trade secret misappropriation alone is staggering. According to Thomas Heed in Misappropriation of Trade Secrets: The Last Civil RICO Cause of Action that Works published in The John Marshall Law Review, “Corporate loss estimates from misappropriated trade secrets are estimated by various sources to be between $1.8 billion and $100 billion annually, and the frequency of incidents seems to be rising.” One of the best ways a company can protect its IP is through employment agreements with employees and service agreements with independent contractors. 

Learn why trade secrets may be most vulnerable to employee theft. Read more about safeguarding your IP with Employment Agreements.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Social Media Law: Consider These Ten Things For IP Protection

With the explosion of social media, in-house counsel should give careful consideration to unique problems presented by it, how it affects the workplace, and how to address social media usage by employees and third parties. As with the rise of the Internet and blogs, existing employee and intellectual property issues are played out in this new venue creating unique problems. However, unlike other venues, social media has the capability to dramatically increase problems by providing a much larger, well-connected audience.

Learn why username registration is a great first step for your company. Read more about the law surrounding Social Media.

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In addition to Thriving Attorney, 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 charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.