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News, Press and Industry Updates from Cohen IP Law Group
The Strength of Trademarks: The Distinctiveness Spectrum
Different types of trademarks have different levels of strength. The strength of a trademark determines its ability to be protected from trademark infringers and enforced against bad actors. U.S. trademark law classifies trademarks on a spectrum of distinctiveness that ranges from strong, highly protectable trademarks to weak or unregistrable trademarks. There are five categories: coined…
READ MORELLC vs. Corporation: Which is Best for Your Startup?
When launching a startup, choosing the right business structure is one of the most critical decisions founders must make. Two of the most common options are Limited Liability Companies (LLCs) and Corporations (C-Corps or S-Corps). Each has distinct advantages and disadvantages that can impact taxation, funding opportunities, ownership structure, and long-term growth. In this guide,…
READ MOREOverview of Domain Name Dispute Resolution Mechanisms: UDRP, URS, and Federal Court Litigation
In the current digital age, a company’s domain name often represents its most significant online asset. This importance has led to the rise of cybersquatting, where individuals register or use domain names that are identical or confusingly similar to trademarked brands for unlawful profit. As a result, domain name dispute resolution procedures have been established….
READ MOREEverything You Need to Know About Trademark Symbols: ™, ℠, and ®
Trademark symbols are essential for safeguarding intellectual property and indicating ownership of a brand, slogan, or logo. Choosing the right trademark symbol not only alerts others to your rights but also enhances your brand’s legal protection. In this article, we’ll explore the meanings, appropriate usage, and best practices for the three main trademark symbols: ™,…
READ MOREMichael Cohen interviewed in nightly news regarding NBA player Victor Wembanyama’s trademark infringement lawsuit.
NBA player Victor Wembanyama, a rising star with the San Antonio Spurs, has filed a lawsuit against an Austin man for using his name and likeness without permission. The legal action comes after Wembanyama’s image was reportedly used to promote merchandise, including T-shirts, without his consent. The lawsuit seeks to protect his right of publicity…
READ MORE2024 NCAA NIL Rules Changes: Intellectual Property and Trademark Rights for Student-Athletes
The Evolution of the Role of Intellectual Property in Collegiate Athletics Since the National Collegiate Athletic Association (NCAA) first allowed student-athletes to profit from their Name, Image, and Likeness in 2021, much of the attention has been on commercialization, branding, and endorsements. With the revised 2024 NIL rules, though, the concentration is now geared toward…
READ MOREUnderstanding U.S. Priority Determination for Foreign Trademark Applications
The concept of trademark priority can be crucial in trademark disputes, litigation, or in Trademark Trial and Appeal Board oppositions or cancellation proceedings. Understanding priority rights when the trademark was originally based on a foreign application/registration can be tricky and important when determining your most advantageous foreign trademark filing strategy. Further, there is more than…
READ MOREIs Berne Convention Enough? Implications for Foreign Copyright Holders in the United States
Can Foreign Copyright Holders Rely on Their Foreign Registrations in the U.S.? The protection of intellectual property across borders is a critical concern for creators and businesses alike. For foreign copyright holders, understanding whether their works are protected in the U.S. based on foreign registrations is essential. So can foreign copyright holders rely solely on…
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Employee–Employer Intellectual Property Disputes: Understanding Ownership and Recent Legal Developments (2025 Update)
In fields that are tech-heavy, we continue to see a plethora of fights over intellectual property between employees and employers. This is especially true when…
Sprinkles Cupcakes Wages Trademark Lawsuit
Sprinkles Cupcakes gained huge popularity due to its delicious cupcakes and also to a helping hand from the PR gained from getting on the Oprah…
University Trademarks Versus Small Business Trademark: Dakota Micro’s AgCam
Dakota Micro, Inc. is a Geneseo, North Dakota manufacturer of a product called the “AgCam,” a camera that allows farmers to easily monitor farm equipment….







