Other companies have chosen alternative ways of dealing with replication of their trademarks and trade dress in virtual worlds. Furniture maker and designer Herman Miller has created a number of iconic furniture designs, including the well-known "Aeron" chair. A number of third parties within the virtual world Second Life were creating and selling products that resembled Herman Miller's products and bore their product names. In response, Herman Miller created its own official presence in the virtual world and began selling high-quality official Herman Miller virtual furniture to users. The company also launched a publicity campaign titled "Get Real," where it offered to replace knock-offs that users had purchased with the official products, so long as those users deleted the files of the knock-off furniture. … [Read more...] about Creating the (Virtual) American Dream: User-Generated Content and Trademarks in Virtual Worlds
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Importantly, before you and your company adopts, introduces, or launches a new trademark/brand in the marketplace, it is essential that a search is conducted to ensure there is not another trademark already registered (with the federal and/or state government), or being used in commerce (known as a “common law” trademark), that conflicts with or is confusingly similar to your new (or even an existing) trademark, otherwise the use of your trademark can be stopped under the law, costing you valuable time and potentially significant expense. … [Read more...] about Trademarks, Copyrights, and Patents: Why Business Owners Should Care About Intellectual Property
“We’re certainly aware of the human rights issues, and we understand the concerns addressed,” adds Dershowitz. “But it’s important to remember that the Olympic movement isn’t just about sports. It really is about bringing the world together and understanding and respecting cross-cultural viewpoints. That’s got lost in the press, and I hope we’ll get back to those issues.” … [Read more...] about U.S. Lawyers Go for the Gold!
Conclusion While there are certainly benefits to trademark registration versus patenting, 3D protection may be a higher hurdle to clear. Keeping these things in mind when helping your clients design packaging, promotional materials, and marketing campaigns that allow for 3D protection may prove invaluable down the road. Do you have any clients with a product shape so unique it’s trademarkable? … [Read more...] about Trademark 103: Should You Register 3D?
The court began its analysis by explaining that under Second Circuit law, in order to satisfy its burden of proof on its motion for a preliminary injunction SVC would need to show a likelihood of irreparable harm in the absence of the preliminary relief, and either a likelihood of success on the merits of its claims, or sufficiently serious questions going to the merits of its claims so as to make them a fair ground for litigation, with the balance of hardships tipping squarely in its favor. … [Read more...] about Pepsi Unsuccessful In Attempt To Derail Powerade ION4 Launch*