Entries by James J. Pingor

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The Sweet Smell of Differentiation: Protecting Brand Intangibles as Trademarks

In the never-ending quest to prove to consumers that a product is truly unique, manufacturers in recent years have begun to seek trademark protection on intangible brand qualities, such as scent. In 2014, Verizon registered a “flowery musk scent” as a trademark to pump into their larger retail stores in order to distinguish itself from […]

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What the NFT? The Value in Using NFTs With Your Brand

“What the NFT?” seems to be a longing question with many entrepreneurs and business owners. As technology continues to expand into the digital realm, terms like cryptocurrency, blockchain, virtual goods and NFTs are becoming more commonplace and integral to business development.  For a business or entrepreneur, dipping a proverbial toe into this new and emerging […]

Inking the Deal on Body Art: Determining Who Owns the Rights to Your Tattoo

Once reserved for sailors, ex-cons and members of biker gangs, tattoos today adorn the arms, legs, necks, torsos and faces of more than 45 million Americans, roughly 13 percent of our nation’s population. The extraordinary proliferation of tattoos―and their elevation to art―has created a thought-provoking challenge for intellectual property attorneys. A series of high-profile lawsuits […]

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Don’t Leave Yourself Exposed with a Naked Trademark License

Clothing your trademark license with certain contractual provisions can possibly cover an otherwise uncomfortably bare exposure. An owner of a trademark has a duty to ensure the consistency of its trademarks, as well as the good(s) and/or service(s) under which its trademarks are used. If a trademark owner enters into a license agreement and fails […]

A Tough Lesson in Global Intellectual Property Law

A Los Angeles-based attorney has taken it upon himself to attempt to teach Prince Harry and Meghan Markle of England’s royal family a lesson in global intellectual property law.  It’s likely that the intricacies of trademark law may come into play to establish who actually has the senior status in the U.S. Earlier this month, […]

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USPTO Now Requiring U.S. Representation for All Foreign Trademark Applicants, Registrants, or Parties

Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all applicants, registrants, or parties (including Canadian attorneys) not domiciled in the United States to be represented by a U.S. attorney before the USPTO.  This new requirement is in response to a recent surge in filings from foreign applicants, in an […]

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Invest, Plan, and Protect: The Importance of Incorporating Your Intellectual Property in a Business Plan

February 14, 2022  Investing, planning for, and protecting intellectual property may seem like a simple process, however, patenting an invention often takes years to complete. It is an expensive investment businesses and individuals alike undertake not only to try to obtain strong patent protection in the marketplace, but to ultimately add value to their business. […]