Common Law Trademarks

Imagine this scenario: You start a film production company in California and use a distinctive name for your business over several years. By consistently operating under this specific name, you naturally acquire common law trademark rights. These rights play a crucial role in protecting your business's identity. They essentially prevent other film production companies in the same geographical area from using an identical or confusingly similar name. This form of protection is grounded in unfair competition laws, which are designed to avoid confusion among consumers and safeguard the reputation and brand recognition you've established for your film production company....

14 December

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Exploring the Polaroid Doctrine in Trademark Law

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

The Polaroid Doctrine, which is a fundamental concept in United States trademark law, was established by the United States Court of Appeals for the Second Circuit. This doctrine emerged from the 1961 case of Polaroid Corp. v. Polarad Elecs. Corp., where the court developed a set of factors to assess the likelihood of consumer confusion in trademark infringement cases....

12 December

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Trademark Clearance for Screenwriters: Navigating the Legal Landscape

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Trademark clearance is a critical step for screenwriters to protect their work and avoid legal entanglements. By understanding what needs to be cleared, avoiding certain words, and following best practices, screenwriters can navigate these legal waters with greater confidence and security. Always remember, when in doubt, seek legal advice to ensure that your creative work remains both original and compliant....

28 November

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Exploring the Strength of Different Types of Trademarks

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

The strength of a trademark significantly impacts its protectability and effectiveness in identifying and distinguishing a brand. Generic trademarks offer no protection due to their commonality. Descriptive trademarks are protectable only after acquiring a secondary meaning. Suggestive trademarks, being more abstract, are inherently protectable. Arbitrary trademarks rank among the strongest due to their uniqueness and distinctiveness....

29 May

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Tips for IP Portfolio Management

Posted by Ernest Goodman

in Copyright Law, Legal Advice, Patent Law, Trademark Law

An IP portfolio refers to the collection of intellectual property owned by an individual or a company, including patents, trademarks, copyrights, and trade secrets. It serves as a strategic asset for the business, providing protection for the company's products, processes, and ideas. An IP portfolio can be used to deter potential competitors from infringing on the company's intellectual property rights and can also be leveraged to generate revenue through licensing agreements or other commercial transactions....