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Trademark Infringement

Trademark Infringement

I’m recycling an article I wrote back in 2017 about In-N-Out, one of my favorite burger joints, suing Smashburger for trademark infringement.  The complaint that In-N-Out filed on August 28 in California claims that Smashburger’s “Triple Double” burger is too similar...
Usefulness of Trademark

Usefulness of Trademark

Usefulness of Trademark – I was asked by a potential client why should I get a trademark, and what will it do for my company. Aren’t I just wasting money filing for a trademark if I my patent is expired on my product? So to give a premise I want to go into a little...
Can you Trademark A Smell?

Can you Trademark A Smell?

Can you Trademark a Smell?!? Now that is an interesting question…Can an individual trademark a smell? The answer is…Yes! Under the Lanham Act trademarking a smell is allowed, but very rare, because you would have to prove the non-functionality of the scent, and then...
Trademark – Cannabis, Hemp and the Farm Bill

Trademark – Cannabis, Hemp and the Farm Bill

Trademarks – Cannabis, Hemp and the Farm bill. The United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19: Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. The guide provided...