Trademarks | Bell Davis Pitt

Selling online during the pandemic? Protect your business

Selling Online to Survive the Pandemic? Don’t Forget to Protect Your Business

Arthur J. DeBaugh

TMC (Trademark, Marketing & Copyright) Blog

It’s been over a year since the world stopped and COVID-19 sent businesses, schools, and families into lockdown. If your business was able to adapt by selling online—perhaps for the first time—congratulations. You have proven yourselves adaptable, nimble, and adept at mastering this brave new world. Now it’s time to consider what you may have overlooked in the rush to save your business during the pandemic.

Twitch DMCA enforcement

Navigating DMCA Enforcement for Content Creators

Ryan M. Gaylord

TMC (Trademark, Marketing & Copyright) Blog

Enforcement of the Digital Millennium Copyright Act (DMCA) has accelerated over the past year, and copyright holders have actively lobbied for more stringent reforms in the new Congress. In May 2020, streaming platform Twitch began receiving thousands of weekly DMCA notifications, prompting it to abruptly delete significant amounts of archived content without specifically identifying the

New Fees At The Trademark Office To Deter Improper Claims Of Use

New Fees At The Trademark Office To Deter Improper Claims Of Use

Arthur J. DeBaugh

TMC (Trademark, Marketing & Copyright) Blog

The U.S. Patent and Trademark Office (“USPTO”) is cracking down on inaccurate, improper, or fraudulent claims that a trademark is being used. Effective January 2, 2021, the USPTO will impose a $250 fee per Class if any goods are deleted from that Class due to an audit or during the examination of a registrant’s maintenance filing. Failure to pay the deletion fee will result in the cancellation of the entire registration in every Class.

Is Google at risk to become the next Aspirin?

September 12, 2017

Arthur J. DeBaugh

TMC (Trademark, Marketing & Copyright) Blog

Is there such a thing as too much brand recognition and market dominance for a product? A marketing department might tell you no, but the legal answer is yes. Over the years trademarks ranging from “trampoline” to “yo-yo” have suffered “genericide,” or having a court cancel a trademark registration on the grounds that it has become the generic name for the product. When a trademark becomes the identifier for an entire product category, then it is at risk of cancellation. Just this year Google had to go through a costly lawsuit to stave off potential genericide.

Photograph of a Washington Redskins football helmet

The Collision of the First Amendment, the Lanham Act, the Washington Redskins, and The Slants - Part 1

February 26, 2016

TMC (Trademark, Marketing & Copyright) Blog

This is Part 1 of a series focusing on the legal proceedings before the Trademark Trial and Appeal Board and various Federal Courts relating to the collision of the First Amendment, Section 2(a) of the Lanham Act, the Washington Redskins, and The Slants - an All-Asian American Dance Rock Band.