A couple of weeks ago, a prospective client called me to ask some basic questions about the federal trademark registration process and its associated costs. We started talking about the trademark he wanted to adopt and the products with which he intended to use the mark. Of course, one of the first things we discussed [...]
Why Relying on the Trademark Office for Your Trademark Search Will Make You Want to Go Cliff Jumping
Google Says: “We Shun the ® Because, Let’s Face It, We Have the Money to Crush Infringers All Day Long.”
The idea for this week’s blog post comes courtesy of another intellectual property attorney here in St. Louis (thanks Emmett!) who emailed me asking why Google uses a “TM” next to its name rather than the more appropriate ® designation. Before I even attempt to answer that question (and I’m not really sure that I [...]
iPhone + iTunes = iNfringement (Part 4)
A few days ago, a good friend of mine brought to my attention an iPhone application that’s getting quite a bit of attention from both iPhone consumers and iPhone application developers alike. This particular application is a great example of how Apple’s willful negligence in policing the App Store allows for an unethical developer to [...]
Who Owns “WHO DAT?” It (S)Ain’t So Clear…
In honor of Super Bowl weekend, I thought it would be appropriate to write about a trademark issue that many of you may have seen in the news recently regarding the ownership of the phrase “WHO DAT?,” which has been used by New Orleans Saints fans as sort of a rallying cry for many years. [...]
“iPad” Trademark Dispute Will Most Certainly “Pad” Some Pockets
Last Thursday, an attorney-friend of mine forwarded to me an article published on The Wall Street Journal website concerning a potential trademark dispute stemming from Apple’s intended use of the name IPAD in connection with its new tablet computer device. After reading the article, I decided to conduct my own investigation into the issue and [...]
iPhone + iTunes = iNfringement (Part 3)
First off, I would like to thank all of you who have left me public and private comments regarding my postings of the past couple of weeks concerning trademark issues in the iTunes App Store. I have really enjoyed investigating and writing about these issues and hope that my ramblings have been helpful and thought-provoking. [...]
iPhone + iTunes = iNfringement (Part 2)
Because I know you just can’t get enough of this fascinating topic, I now present to you Part 2 of my investigation into the rampant trademark infringement occurring throughout the iTunes App Store. In my previous posting, I discussed the practice adopted by numerous iPhone application developers of openly using famous trademarks (such as “NFL” [...]
iPhone + iTunes = iNfringement (Part 1)
As some of my close friends and family already know, I became a proud owner of an Apple iPhone over this past Thanksgiving. Yes, it is my pride and joy and I have had it surgically attached to my left hand. Anyway, for those of you who aren’t familiar with how the iPhone works, owners [...]


