Trade secrets, together with patents, trademarks, and copyrights, are one of the four main types of intellectual property. Unlike the three other types of IP, trade secrets are never made public. Trademarks and service marks are obtainable only through public use that creates an association between the mark and the origin of specific goods or services in the minds of the consumer. Copyrights are generally agnostic to publicity, but most copyrighted material is shown publicly in some form. While public disclosure before filing a patent application can destroy your patent rights, if your patent application is allowed it will always be made public. Public disclosure of your trade secret will destroy it – they’re like vampires, they live in the shadows and any exposure to light will kill them.
So how do these four different types of intellectual property interact? Let’s look at KFC as a case study. Many people around the world are familiar with the initials ‘K-F-C’ and the character Colonel Harland Sanders. The initials ‘K-F-C’ and the image of Colonel Sanders are both trademarks registered by KFC Corporation with the USPTO. These are classic trademarks – most consumers know and associate KFC® and the Colonel Sanders character with the chain of friend chicken restaurants owned by Yum! Brands. Continue Reading
Representing our client Inditex S.A. (“Inditex”), owner of the famous fashion brand “ZARA,” Lee International obtained a favorable decision in its invalidation action against the registered mark “THEZARA” for motel and hotel services.
bkp partners Martin Reinisch and Georg Fellner have obtained a favorable judgment by an Austrian Appellate Court for bkp client Spirits International (SPI Group) confirming the latter’s rights in the iconic Stolichnaya and Moskovskaya trademarks in Austria.
A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data that they collected. Notably, this is the FTC’s first COPPA case involving connected toys, but it may not be its last, as connected toys continue to play a more prominent role in children’s lives.
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Summary
Suppose that you want to register a trademark that identifies a source of goods or services for your business. You file a federal trademark application with the U.S. Patent and Trademark Office. Subsequently, you receive an Office Action from the U.S. Patent and Trademark Office that initially refuses registration of your mark based on a likelihood of confusion with a similar trademark? Can you overcome the refusal to obtain a registration from the U.S. Patent and Trademark Office? The answer is often YES!
Introduction
Unfortunately, the unauthorized use of a celebrity’s name and image has become a deceptive advertising practice frequently used by dishonest online marketers. This type of ad typically claims (falsely) that a public figure has used or endorsed what is billed as the latest miracle weight loss supplement or wrinkle-reducing cosmetic. Going after these bad actors to protect one’s right of publicity and intellectual property rights can be a challenge, as it can be difficult to identify the responsible parties, and even if they can be found, they may be outside of the reach of U.S. laws or a small operation that appears not worth pursuing. A recent action by the Federal Trade Commission (FTC), however, serves as a reminder that those who peddle in false online endorsements may be part of a larger network that can be identified and stopped.