5 Qualities of a Great Domain Name
With domain names and trademarks becoming virtually synonymous for many business owners and entrepreneurs, it is becoming increasingly important (if not absolutely critical) to keep trademark principles in mind when choosing a new domain name. This article on Tech.li takes a look at five important considerations for domain name acquisition, inspired by principles of trademark law.
You can read the full article here: 5 Qualities of a Great Domain Name.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Lessons in Trademark Protection from Beyoncé and Jay-Z
This week’s article on Under30CEO.com takes a look at the lessons that entrepreneurs can learn from Beyoncé and Jay-Z’s efforts to protect their new born’s name as a registered trademark, and some important additional considerations that their efforts bring to light. The article also examines the potential issues arising out of the fact that a Midwest boutique already owns a registered trademark for “Blue Ivy”, and the fact that its trademark registration covers certain goods and services also covered by the hip-hop duo’s pending trademark registration application.
You can read the full article here: Lessons in Trademark Protection from Beyoncé and Jay-Z.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Franchise Marketing Fund Disclosure: A Cold Stone Creamery Case Study
The franchisor of Cold Stone Creamery is in hot water with a group of its franchisees over alleged errors in reporting payments owed to the franchise system’s marketing fund. The franchisees are also seeking to find out whether Cold Stone is causing vendors to overprice mandatory purchase items in order to fund a “kickback” to the franchisor. This is an interesting case that may have important implications for both franchisors and franchisees when it comes to enforcing the marketing fund provisions in franchise agreements.
You can read the full article here: Franchise Marketing Fund Disclosure: A Cold Stone Creamery Case Study.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
YouToo? Video Sharing Website Fights for Trademark
In today’s article for Tech.li, I examine the history of the trademark application process for start-up video sharing website YouToo (yes, YouToo). YouToo has filed three trademark registration applications, all of which have been denied based upon YouTube’s pre-existing registered trademark rights. The article takes a look at the problems YouToo has faced in applying for trademark registration, and the implications of its trademark efforts for other online entrepreneurs.
You can read the full article here: YouToo? Video Site Fights for Trademark.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Why You Can’t Say “Super Bowl” (But I Can)
Usually this time of year you’ll see at least one or two stories about the big bad NFL supposedly overreaching to enforce its trademark rights in the term “Super Bowl”. This article on Under30CEO discusses the NFL’s trademark protection strategy, and the reasons why business owners cannot use the “Super Bowl” trademark to promote their products or services.
You can read the full article here: Why You Can’t Say “Super Bowl” (But I Can).
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Pin This! Copyrights and the Internet 101
In this article for Tech.li we take a look at some of the basic copyright law principles that apply to individuals and companies that copy, post and “re-purpose” third-party content that they find on the web. Spoiler alert: the rules are more restrictive than you might be aware.
You can read the full article here: Pin This! Copyrights and the Internet 101.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
What Happens when a Franchise Contract Ends?
My latest article for FranchiseHelp.com and Yahoo! Small Business Advisor takes a look at four key considerations that come into play when a franchise agreement ends. While they don’t come into play until the end of the franchise relationship, they should be top priorities during the initial franchise agreement development/negotiation process for both franchisors and franchisees.
The four issues covered in the article are:
- De-Branding (and Re-Branding)
- Ownership of Phone Numbers
- Ownership of Customer Lists
- Non-Competition Provisions
You can read the full article here: What Happens when a Franchise Contract Ends?
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Franchises in the News
My latest article for FranchiseHelp.com takes a look at three recent headlines with franchise law implications. The article discusses a Panera franchisee’s HR problems, a franchisee lawsuit against Quiznos, and two insurance agents’ failed franchise law claim against Allstate.
You can read the full article here: Franchises in the News.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Even the Wisest of Men and Machines Can be in Error (Transformers Trademark Dispute)
When Asus unveiled its “Transformer Prime” laptop-tablet hybrid last year, Hasbro claimed infringement of its famous “Transformers” trademark. Hasbro owns several registered marks relating to “Transformers” and “Optimus Prime”, and Asus’s trademark selection didn’t sit to well with the original trademark owner. My latest article for Tech.li discusses why business owners and entrepreneurs need to be careful when selecting new trademarks–and why they should avoid both negligently and (worse) intentionally playing off of existing famous brands.
You can read the full article here: Even the Wisest of Men and Machines Can be in Error (Transformers Trademark Dispute)
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Why You Need to Be Aware of the UDRP
The Uniform Domain Name Resolution Policy (UDRP) provides important protections for trademark owners against illicit domain name registrations that infringe on their exclusive trademark rights.
This article published on Tech.li provides an overview of the requirements for a trademark owner to succeed in a UDRP action, and provides a real-world example of just how effective a UDRP action can be.
You can read the full article here: Why You Need to Be Aware of the UDRP.
Is someone cybersquatting or typosquatting on a domain name that should rightfully be yours? Click here to contact Fabian, LLC for a free consultation.
Revisiting the Californication Trademark Dispute
When two companies want to use the same trademark, the analysis usually focuses on whether and to what extent their respective goods or services are offered to the same groups of consumers (this is, of course, a gross oversimplification, but for these purposes it is somewhat sufficient).
However, before you even get to this question, a company seeking to enforce trademark rights first needs to make sure that it in fact is in possession of a protectable trademark.The dispute that arose between the Showtime network and the Red Hot Chili Peppers regarding use of the term “Californication” highlights this issue. It also addresses one of the questions that I receive most often, “Can I use a trademark that is already in use by someone else?”
You can read the full article here: Revisiting the Californication Trademark Dispute.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Charbucks Wins Again in Starbucks Trademark Litigation
My second article for Tech.li takes a look at Starbucks’ failed efforts to get a New England-based coffee retailer to stop offering is “Mr. Charbucks” and “Charbucks Blend” branded coffees. In the article I provide my thoughts on the outcome of the case, and explain why Starbucks’ loss doesn’t mean that entrepreneurs have free reign to play off of famous brands.
You can read the full article here: Charbucks Wins Again in Starbucks Trademark Dispute.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
