We’ve all seen the little “TM” symbol near names of commercial products but what does it actually mean? The “TM” stands for “trademark” which, according to the United States Patent & Trademark Office, is a word, phrase, symbol or design, or a combination of words phrases, symbols pr designs, that identifies and distinguishes the source of the goods of one party from those others. In basic terms, this means that once you have a trademark on a particular word, phrase, symbol, or service, no one else may use that particular “mark” without your permission.
Trademarks come into play in terms of intellectual property, which is a fancy term for an individual’s creative take on a particular product, service, phrase, or word. With intellectual property, a person can trademark their individualized original creation, but cannot trademark a given idea. They can only trademark their own particular version of said idea. For example, Sylvester Stallone cannot trademark the idea for creating a movie based on an underdog boxer who becomes champion of the world through all sorts of adversity. He can, however, trademark his particular take on said idea in the form of Rocky Balboa and that character’s exploits.
In terms of business, the gourmet restaurant McDonald’s has a trademark on the name “McDonalds” as it pertains to the sale of fast foods and services. A person, even if their name was in fact “McDonald,” could not choose to start up their own fast food company and use that particular name.
A person or company could, however, choose to use the name “McDonalds” if they were entering into a field of business that was not similar to the fast food industry. The key is whether or not there is potential confusion in the market place. If, for example, Joe McDonald wanted to open a jewelry business and call it “McDonalds Jewelry” he could do so because there would be little confusion as to what services he offers as opposed to what McDonald’s fast food restaurant offers.
In the iconic 1987 Eddie Murphy film “Coming to America,” John Amos’ character created a fast food chain called “McDowell’s.” Despite the fact that this was the character’s real last name, by using this as a name of a competing fast food chain, there would be all sorts of confusion as to whether McDonald’s and McDowell’s were the same entity, due to the similar name, symbol, product, and service. In real life, the McDonalds Corporation would have challenged McDowell’s use of the name in relation to its restaurant. Similarly, if he chose the name “Burger Queen,” the Burger King Corporation would have been all over it.
To file for a trademark, one would need to go through the United States Patent and Trademark Office. By visiting their website, one can search the trademark database to see if a particular mark has already been taken. When searching, please keep in mind that a given mark may already be taken, but may be used for a different product or service. If this is the case, you may still be able to use the mark you originally intended, assuming no confusion in the market place exists. One does not technically need to hire an attorney in filing for a trademark, but may choose to do so if things get overwhelming.
For the USPTO’s website, go to www.uspto.gov
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Friday, September 17, 2010
Saturday, September 11, 2010
Attitude is Everything
Tennis legend Andre Agassi once said, “Image is Everything.” While that not so modest statement may hold true in some aspects of life, it certainly doesn’t always apply to the legal world.
When it comes down to a legal dispute between parties, the better mantra to follow would be “Attitude is Everything.” A person’s attitude drastically comes into play when a dispute arises in terms of settlement. More often than not, if a person’s attitude is positive from the onset, most disputes can be settled rather quickly. It is when people attempt to “fight fire with fire” that often causes disputes to escalate. This in turn is when nasty litigation occurs.
Truth be told, if one keeps a positive attitude when a potential legal dispute arises and enters the situation calmly and rationally, a lawyer would not be needed. (Parish the thought!) Simply staying calm in a given situation can do wonders in terms of getting to the bottom of a particular dispute. When one party is combative toward another, a person’s first instinct is usually to fire right back in a hostile like manner. As another old saying goes, “you get more with sugar than with vinegar.” This old saying truly applies when it comes to the onset of a legal dispute.
One should also be acutely aware of their body language when entering into a legal debate or dispute. Like in poker, a person’s body language and facial expressions can tell an adversary everything they need to know without them uttering a word. The key is to not “show your cards” and keep one’s emotions from manifesting on the surface. This is extremely difficult for people who often wear their heart on their sleeve. My advice is to “wear long sleeves” and not let emotions get the better of you when faced with a legal dispute.
Judges and attorneys are especially keen on picking up subtle body language cues, especially when in court. When appearing before a judge, if one’s conduct is very standoffish and aggressive, the judge may formulate certain thoughts and opinions that are not ultimately in their favor. If, however, a person stays on point, addresses the judge in a confident and respectful manner, they more often than not will be given the benefit of the doubt on a lot of issues.
A lot of what I have been saying here is pretty much common sense. However, when faced with an emotional legal situation, people often forget their manners and go for the jugular. By keeping one’s cool, a potentially heated legal debate can be stifled efficiently, effectively, and rationally.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
When it comes down to a legal dispute between parties, the better mantra to follow would be “Attitude is Everything.” A person’s attitude drastically comes into play when a dispute arises in terms of settlement. More often than not, if a person’s attitude is positive from the onset, most disputes can be settled rather quickly. It is when people attempt to “fight fire with fire” that often causes disputes to escalate. This in turn is when nasty litigation occurs.
Truth be told, if one keeps a positive attitude when a potential legal dispute arises and enters the situation calmly and rationally, a lawyer would not be needed. (Parish the thought!) Simply staying calm in a given situation can do wonders in terms of getting to the bottom of a particular dispute. When one party is combative toward another, a person’s first instinct is usually to fire right back in a hostile like manner. As another old saying goes, “you get more with sugar than with vinegar.” This old saying truly applies when it comes to the onset of a legal dispute.
One should also be acutely aware of their body language when entering into a legal debate or dispute. Like in poker, a person’s body language and facial expressions can tell an adversary everything they need to know without them uttering a word. The key is to not “show your cards” and keep one’s emotions from manifesting on the surface. This is extremely difficult for people who often wear their heart on their sleeve. My advice is to “wear long sleeves” and not let emotions get the better of you when faced with a legal dispute.
Judges and attorneys are especially keen on picking up subtle body language cues, especially when in court. When appearing before a judge, if one’s conduct is very standoffish and aggressive, the judge may formulate certain thoughts and opinions that are not ultimately in their favor. If, however, a person stays on point, addresses the judge in a confident and respectful manner, they more often than not will be given the benefit of the doubt on a lot of issues.
A lot of what I have been saying here is pretty much common sense. However, when faced with an emotional legal situation, people often forget their manners and go for the jugular. By keeping one’s cool, a potentially heated legal debate can be stifled efficiently, effectively, and rationally.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Friday, September 3, 2010
Where to go for Legal Research
One of the beauties of the legal profession is that anyone can be their own lawyer if they so choose. Of course, there’s the old saying that states a person who represents them self has a fool for a client. This statement may or may not be true, but before hiring a lawyer for a specified matter, one should consider doing a little legal research on their own to better acclimate themselves to their current situation or predicament.
I’m not going to lie. Legal Research can be confusing, tedious, demanding, and exhausting. Believe it or not, there are some practicing lawyers out there who never truly master the art of legal research, present company excluded of course.
When faced with a legal issue and you want to educate yourself more about it, one of the best, if not THE best places to conduct said research in the Capital District is Albany Law School. Albany Law School has arguably every research tool a person can hope for. For an added bonus, the library is open to the general public and their staff is at one’s disposal. A lot of lawyers continue to use the Albany Law School library after graduation due to its vast resources.
When doing Legal Research, one of the most important things to look out for is making sure the law being cited in your research is up to date. All sorts of rulings and legislation are constantly being passed, changed, or amended on a consistent basis. To be sure that you have “good law,” one must Shepardize. To “Shepardize” means to cross reference the material you are citing and to make sure that it is up to date and relevant. There are all sorts of websites that give the ins and outs to Shepardizing. However, if you are new to the wonderful world of legal research, I simply suggest asking the law librarian to help you.
Another place to go for Legal Research is a local library. Most libraries have some degree of legal literature and reference materials that should allow one to at least get the ball rolling, so to speak. Again, if you feel overwhelmed, do not hesitate to ask the reference librarian for help.
An advantage of doing a little Leal Research prior to diving into a personal or professional legal matter is that it puts you on the right course and allows one to have a better feel as to what they are getting themselves into. As another old saying goes, “Knowledge is Power.” The more knowledge you have prior to getting involved in any legal situation will no doubt put you in a better all around position.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
I’m not going to lie. Legal Research can be confusing, tedious, demanding, and exhausting. Believe it or not, there are some practicing lawyers out there who never truly master the art of legal research, present company excluded of course.
When faced with a legal issue and you want to educate yourself more about it, one of the best, if not THE best places to conduct said research in the Capital District is Albany Law School. Albany Law School has arguably every research tool a person can hope for. For an added bonus, the library is open to the general public and their staff is at one’s disposal. A lot of lawyers continue to use the Albany Law School library after graduation due to its vast resources.
When doing Legal Research, one of the most important things to look out for is making sure the law being cited in your research is up to date. All sorts of rulings and legislation are constantly being passed, changed, or amended on a consistent basis. To be sure that you have “good law,” one must Shepardize. To “Shepardize” means to cross reference the material you are citing and to make sure that it is up to date and relevant. There are all sorts of websites that give the ins and outs to Shepardizing. However, if you are new to the wonderful world of legal research, I simply suggest asking the law librarian to help you.
Another place to go for Legal Research is a local library. Most libraries have some degree of legal literature and reference materials that should allow one to at least get the ball rolling, so to speak. Again, if you feel overwhelmed, do not hesitate to ask the reference librarian for help.
An advantage of doing a little Leal Research prior to diving into a personal or professional legal matter is that it puts you on the right course and allows one to have a better feel as to what they are getting themselves into. As another old saying goes, “Knowledge is Power.” The more knowledge you have prior to getting involved in any legal situation will no doubt put you in a better all around position.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
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