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Kennedy Law Blog
Bad Idea: Giving Your Ex a Piece of Your LLC Business
Most Dallas business lawyers recognize that Texas law does not impose fiduciary duties on the...
NDAs: Protect Yourself from “That Guy”
A man in a coffee shop overhears a group of people discussing their new business venture,...
How Strong is Your Brand? Part III
Up next in our discussion on the strength of your trademark are marks that fall under the “Suggestive” category of the spectrum. Suggestive marks differ from merely descriptive marks because they do more than just describe a characteristic or quality of the...
The Damaged State of Disparagement
The Washington “REDSKINS” trademarks have been in litigation for over twenty years. In 1992, the dispute began when a group of Native Americans filed a petition to cancel the registration on the grounds that it disparaged Native Americans. Currently, the Lanham Act...
Can I register the domain name super.lawyer? Or how about apple.guru?
If you knew the answer was “yes, if it’s still available,” then pat yourself on the back because technically, that is right. If you answered “yes, but it’s a bad idea” you get a gold star. Let’s talk more about that. It all started with the U.S. military…. Prior to...
How Strong is Your Brand? Part II
In continuing our discussion of the trademark spectrum, we will be reviewing “Descriptive” marks on the blog today. Descriptive marks describe an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. An example of a...
How Strong is Your Brand?
When clients come to me for trademark registration, they usually want to know how strong their proposed mark is. There is no formulaic approach for providing that evaluation, but practitioners may rely on the trademark sliding scale of distinctiveness, also known as...
Supreme Court to Review Enhanced Damages in Patent Cases
Patent litigation could be forever changed when the United States Supreme Court decides two related cases concerning the test for enhancing damages. The Supreme Court granted certiorari in two cases, Stryker Corp. v. Zimmer, U.S., No. 14-1520, and Halo Electronics,...
There’s No App For That
My large corporate clients follow the "take no prisoners" strategy in protecting their trademarks while my small clients register each of their marks as soon as they are placed into commerce, if not before, using the "intent to use" option under the trademark...
What is a Trademark & Why Should I Register?
A trademark is a word, symbol, or design used as a source identifier for goods and services. Trademarks help to distinguish one good or service from another and to promote brand awareness among consumers. For example, most consumers would instantly recognize and be...