Internet marketing and trademark trouble: Somebody else might be using your biz name

In the not so distant past, marketing and advertising a business was a particularly challenging and daunting task. Local businesses relied heavily on Yellow Pages advertising, radio and television. They had to decide how large a listing, under what categories to be listed, and/or how comprehensive a broadcast campaign they could afford. The cost could […]

A fool’s bargain: Part 2 – Think before you sue

(Editor’s note: This is the second of two parts. Read Part 1.) In the first part of this article, I discussed what trademarks are, what they protect and what factors courts generally use to determine if a trademark has been infringed.  In this installment I will be discussing how courts have dealt with the rise of keyword […]

Hey, that’s mine! The ins and outs of grey markets and the law

At some time or another, anyone who produces a product or commercializes a copyrightable work will inevitably run into the situation where you see your products being resold by someone that is not you or one of your direct distributors. Oftentimes, this becomes an issue for a business because of the price at which the […]

Revenge of the prom dress: Fashion Wars episode 100,001

Over the years, our firm has represented numerous apparel companies with regard to intellectual property matters, and we have observed many of the difficulties these companies face in protecting the value of their designs. The interesting aspect facing apparel companies is that often times the “low brow” fashion of graphic T-shirts and sneakers are more […]

Does Tim own Tebowing?

And does this mean you can’t do it any more? Has a trademark taken Tebowing off the table? The short answer: No. Neither Tim Tebow nor any business entity with which he is involved owns a trademark on his signature move. Interestingly, headlines just a week or so ago may have indicated otherwise. The opening […]

The perils of public-generated content

There is a well-known phrase known to businesses relying on the internet to help drive marketing and sales: “Content is king.” That phrase has expanded, in the wake of businesses turning to Facebook and YouTube and in the development and use of better consumer digital cameras and video. That new and improved phrase is this: […]

Avoidance: Understandable, but Often Painful

This is about pain — the avoidable kind. Lawyers can get a bad rap for shark-ism and sometimes, that’s fair. In this case, however, the pain is shared across the board, by both the lawyers and the clients. No one, including a hard-working and ethical attorney, likes seeing people have to spend blood, time and […]

Clash of the tax and retail titans

Since I counsel a lot of online businesses, including online retailers, I am often asked about the sales tax implications of online sales. Generally speaking, the answer is pretty easy: If you are a Colorado business and sell goods to individuals residing in Colorado, then you have to collect Colorado sales tax and the appropriate […]

A grape by any other name is still a grape…

  When launching a new company or adding a new product or service, a name must be determined to brand the company, product or service. In the legal field, we refer to brand names and logos identifying a good as a trademark; and brand names and logos referring to services as service marks. However, the […]

A Denver Colorado Trademark Attorney Discusses theRelationship Between Brands and Trademarks

So you have chosen your brand for your new product/company. You may think you are all set to go, but there is one more crucial step prior to launch. Is your brand protectable as a Trademark. Too many times business owners ignore this crucial step. Check out our newest article at Colorado Biz Magazine to […]