When a business selects a trademark under which a product or service will be sold, it hopes to develop brand loyalty among its customers and have them come to know the trademark in the market place. As part of the strategy to create a brand, it is prudent to seek federal trademark registration for the name in order to help protect the business’ rights to use the trademark.
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Intellectual Property
Efforts to Maintain Trade Secrets to be Scrutinized
The Uniform Trade Secrets Act, La. 51:1431, et seq., provides a cause of action for misappropriation of a trade secret. However, it is important to recognize that these are specific terms which must be satisfied in order to trigger the remedies provided in the Act.
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Intellectual Property Disputes
By Russel Primeaux on
Someone once observed that most car accidents occur within 10 blocks of the driver’s home. We see a analogous trend in Intellectual Property “crimes” – i.e. infringement of patents, trademarks, or copyrights; or misappropriation of a trade secret. Intellectual Property (IP) disputes between two parties that are strangers to one another are the exception, not the rule.
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Obtaining International Trademark Protection and the Madrid Protocol
By Bill Caughman on
Posted in Intellectual Property
In November 2003, the United States joined many other countries in signing a treaty called the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”). The United States Patent and Trademark Office (“PTO”) has just recently created forms and procedures to implement the Protocol in the United States. The Madrid Protocol is designed to provide a more efficient method for an owner of a trademark to register its trademark in a number of foreign countries.
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Louisiana In-House Counsel Rule Deadline Approaching
By Kean Miller on
Posted in Business and Corporate, Business Litigation, Class Action, Constitutional Law, Environmental Litigation and Regulation, Health Law, Intellectual Property, Labor and Employment Law, Legacy Oilfield Sites, Louisiana in General, Products Liability, Real Estate, State and Local Taxation, Toxic Tort Litigation
In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court’s new In-House Counsel Rule.
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Mr. Mirliton’s – A Recipe for a Dangerous Mix of Trademarks and Copyrights
By Russel Primeaux on
Posted in Business and Corporate, Intellectual Property
It is a situation we see repeated all too often. A successful small business owner is considering a major expansion – either by franchising or by opening more company-owned offices. The business has many of the key ingredients for success. However, as we investigate the trademarks of the business, we learn of potential problems.
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To Floss or Not to Floss: Mouthwash Ad Campaign Raises Lanham Act Issues
By Sonny Chastain on
Posted in Business and Corporate, Intellectual Property
The Lanham Act was passed in 1946 pursuant to Congress’ power to regulate commerce. Section 43 of the Act prohibits false and misleading advertising, stating that “any person who uses in commerce any false or misleading description of fact, or false or misleading representation of fact, which . . . in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such an act.” This section of the Act was at the center of a recent Listerine ad campaign.
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Instant Messaging: Does It Belong In the Workplace?
By Russel Primeaux on
Posted in Intellectual Property
In a given year, the average American teenager and young adult will spend 868 hours (36 days) online. Roughly 20 percent of this time is spent IM (IM). One recent study showed that of the 24 million U.S. teens that go online, one in five, or about 5 million, considers IM their primary means of communicating with their friends. Why are so may young Americans hooked on this technology? What can the American business man or woman learn from his/her son or daughter? If IM is such an important form of private communication in America, is there room for it in the American workplace? Can IM be an efficient and profitable means of conducting business? Or is IM just another type of electronic communication gadget along with e-mail, voice mail, paging, Blackberries, and cellular?
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