Can the Infringer Sue?

Yesterday I saw a story in which an indie rock band named OK Go has sent a cease-and-desist letter to cereal maker Post Consumer Brands. It seems that Post is developing a disposable cereal bowl under the name OK GO!, and the band is concerned that this will cause marketplace confusion.

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Name, Image and Likeness

Name, image and likeness (aka NIL) is the general name given anytime a person endorses or promotes a company's goods or services. In June 2021 the  #SupremeCourt ruled that the NCAA could not prevent athletes from monetizing their NIL rights. As a result, many people became aware of NIL. ...

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Food and Beverage is our Jam!

In 2023 our firm is focused on growing its presence in the food and beverage space.  Our managing partner has represented large national brands in this space while at his prior firms, and we want to bring this experience to the small and mid-sized companies who are focused on growth.

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Ice cream and donuts? Okay-dokey!

Commerce is a moving stream. There are a series of businesses opening all the time, all over the place, doing a variety of things. Some of these businesses will thrive. Unfortunately, many will fail. The saddest tale is the business that will fail for a foreseeable reason.

Mochi #icecream is...

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Best NIL Deal of 2022?

Last week a client gave me some exciting news-- we were involved in what Sports Illustrated called the "ultimate food-related NIL masterpiece." https://lnkd.in/ghgNpAuG

I'm so grateful to have played a part in Bijan Mustardson. I'm looking forward to 2023 and more #NIL and #foodandbeverage deals.

Taco Tuesday with a side of Cease and Desist

Did you see the story about the taco restaurant that got sued over its name? Juan Ramos opened his store named Taco Chon’s in 2019. Three years later, a chain named Taco John’s learned about this small business and sued Mr Ramos for trademark infringement. The suit demands that they stop using...

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What is Brand Protection?

I talk about brand protection a lot, but I wanted to make sure you knew what it is and what I do to help companies legally protect their brands. I view brand protection as four distinct steps that need to work in concert with each other.

The first...

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Trademark Clearance Search

Have you cleared your brand? Maybe you prefer gambling. Maybe you hope you won’t receive a cease-and-desist letter (or lawsuit) telling you that you have to change your name, pay your profits to the other party and pay their lawyer’s fees.

Your brand is not available for use just because you:
-...

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Searching or Clearing a Brand as a Trademark

When choosing to trademark a name, slogan, or logo, it is essential to conduct a trademark search and clearance. Even if you create something original, it's possible that someone else may have already claimed it. As a business owner, it's important to be aware of the process and steps needed to clear...

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