Brandon Selinsky
This webinar highlights the significance of avoiding trademark and label art errors. The presenter, attorney Brandon M. Selinsky, sheds light what not to do when registering your trademark, and provide insights into the differences between trademarks, copyrights, and patents.
This presentation outlines the advantages of federal registration, including the ability to use the coveted circle R symbol, nationwide protection, and the option to take legal action for infringement in federal court.
Notes: carefully consider the location and industry in which you plan to use your trademark, as this will have a direct impact on the scope of your trademark. There is a need for precision when registering a trademark, as any over-inclusion or inaccuracies can potentially lead to future complications. Trademarks in protect your brand and highlight its value as a business asset. Take care not to infringe on someone else's trademark and conduct thorough research before registering your own. Additionally, you should actively monitoring your trademark to ensure that no one else is using it without permission. Avoid litigation when practicable, as it can be costly and unpleasant. Failing to enforce your trademark rights can result in the loss of those rights.
We also address various questions from the audience, including topics such as updating a trademark logo, registering a trademark that has been in use for 10 years, dealing with voluntarily abandoned trademarks, conducting trademark image searches, and the necessary requirements to support a trademark application.
This webinar addresses two cautionary tales that highlight the importance of conducting thorough research before choosing a trademark. The first is the case of Russian River and Avery Brewing, which was resolved collaboratively with "Collaboration Not Litigation Ale." We also discuss the recent name change of the Cleveland Indians to the Cleveland Guardians, which encountered trademark issues with a roller derby team that was already using the name. This serves as a reminder of the significance of avoiding potential conflicts and conducting due diligence when selecting a trademark. We also address two other noteworthy cases: Wiley Roots Brewing Company's conflict with Sonic restaurant over Wiley Roots's "parody" logo; and Stone Brewing's long and costly legal battle with MillerCoors over the use of the word "stone" in advertising for beer. These examples further emphasize the importance of understanding trademark laws and protecting your brand from potential infringement issues.
Lastly, we delve into two intriguing cases where trademarks intersect with copyrights:
In one instance, North Coast Brewing Company faced a lawsuit from the estate of an artist regarding the use of a label. The brewery emerged victorious in the case, as the court held that the artist had intended to give an unlimited license to the brewery.
North Coast Brewing Company found themselves in another legal battle when the estate of Thelonious Monk sued them over the use of his likeness on a beer label. Fortunately, the two parties were able to reach a settlement, resolving the dispute amicably.
To provide a comprehensive understanding of the trademark registration process, we outline the necessary steps, which include conducting a thorough search, completing the registration, and addressing any office actions from the USPTO that may arise.