June 10, 2021
What do people in the DeFi and cryptocurrency space need to know about trademarks? I’ve written about cryptocurrency and related topics before: see Trademarks and the Blockchain (2018) and NFTs and Copyright Law (2021). Even people who have been skeptical about cryptocurrency are beginning to identify use cases. For example, George Mason University economist Tyler Cowen recently wrote in Bloomberg: “After many years of doubt and uncertainty, a killer app has finally been found.” Cowen goes on: The core use case for crypto is called DeFi, a recently coined abbreviation for “decentralized finance.” DeFi doesn’t have a formal definition, but it…
April 16, 2021
“Goodwill” (or “good will”, it’s written both ways) refers to a consumer’s positive opinion of a product or service and their willingness to purchase it again in the future or to refer it to a friend or colleague. If you like Starbucks coffee, the product can be said to have goodwill. Goodwill and trademarks are inseparable. This is a legal fact: the Lanham Act, which is the Federal law that governs trademarks, states that a trademark can only be sold or transferred (“assigned”) “with the good will of the business in which the mark is used, or with that part…
December 28, 2020
The Consolidated Appropriations Act, also known as the coronavirus relief or stimulus, is a massive package of new federal laws that were passed by Congress and signed by the President on December 27, 2020. Included in the Act is a substantial update to U.S. trademark law, the “Trademark Modernization Act of 2020” or the “TM Act of 2020”. It’s a trademark law so nice, they named it twice. The TM Act of 2020 does a few things. It provides opportunities, short of a costly litigation process, to attack false trademark applications and registrations for marks that are not actually being…
October 23, 2020
When should you hire a trademark attorney? Before you go public with your brand name. Before your product goes to market. Before you hire someone to design your logo. Before you spend money on your perfect domain name. Before you manufacture products and packaging. Before it’s too late!