Blog

Kennedy Law Blog

Latest Hack Steals Both Your Data And Your PayPal Account

MalwareHunterTeam announced yesterday that a new ransomware hack is circulating that not only encrypts your files, but also tries to steal your PayPal credentials with an included phishing page. Once the victim's data is locked, the victim is provided the option to...

Hate Speech, The Sequel

On July 20, 2017, I posted a blog entitled Hate Speech Online. That blog recounted the disastrous consequences that one potential client endured after posting a hateful statement on Twitter. A third party that the potential client did not know re-posted the tweet for...

Should I Sign an NDA with My Employees?

There are a number of different situations in which you, the employer, may find it necessary to sign a non-disclosure agreement (NDA) with your employees. You want to develop trust with your employees, but you also want to be sure your business information is...

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...

read more

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...

read more

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...

read more

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...

read more

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,...

read more

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...

read more

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...

read more