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Cohen IP Law > Trademark

Michael Cohen Quoted in Billboard Magazine Regarding Journey Trademark Dispute

Neal Schon

Michael Cohen of Cohen IP Law Group, provides his comments to BillBoard Magazine regarding the trademark dispute between the members of the classic rock band Journey.   "While federal trademark registration can be important, Journey already had other ways to assert its rights to logos or song titles associated with the band that appear on merchandise. The band could have protected its holdings through “common-law rights,” says Michael N. Cohen, a Beverly Hills, Calif., an intellectual-property lawyer who specializes in trademarks and represents classic rock bands: “Just by virtue of using the mark, you’ve acquired some degree of rights, but those rights...

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Michael Cohen Interviewed by Business Insider Podcast “Brought to you by…” Regarding IP Issues of the Whoopee Cushion

Business Insider Michael Cohen

What happens if you fail to file a patent on an invention or trademark for the name of your product?  Well, that is what likely happened with the Whoopee Cushion.  As iconic as it may be today, no successful patents or trademarks were ever filed, resulting in the Whoopee Cushion product to be used by all, and the name to be used without fear of trademark infringement.  Michael Cohen was recently interviewed by Business Insider's podcast series "Brought to you by...

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USPTO announces extension of certain patent and trademark-related timing deadlines under the Coronavirus Aid, Relief, and Economic Security Act

The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27. "Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of COVID-19," said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei...

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What does a trademark protect?

The World Intellectual Property Organization defines a trademark as a “sign that distinguishes the goods or services of a company from those of others.” It can be a word, an image, a symbol, or a combination of those that are used to represent a brand. There are different reasons why a business may need trademark protection. The most important is probably the fact that many of the buying decisions made by consumers are influenced by trademarks. Some trademarks have become household names and even everyday jargon. For example, Google is now used as a verb: as in you just “Googled” “What does...

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How Long Does a Trademark Last?

How long does a Trademark last image

Trademarks are an important part of a business. They are the best way to protect the identity of particular products or services. They also help consumers easily recognize a specific company as the manufacturer or source of a product and encourage customer loyalty. Once a trademark is registered, it is protected from use and misuse by others, and it acquires characteristics similar to other types of property. But, how long does a trademark last? The duration of a trademark registration varies depending on the country laws where it was registered, but it’s typically ten years. How long does a trademark last in...

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USPTO 2018-2022 STRATEGIC PLAN Draft Published

The United States Patent and Trademark Office (USPTO) publishes its draft 2018-2022 Strategic Plan which is an outline of its mission and goals that it wishes to accomplish in the future. The goals primarily relate to increasing the USPTO's quality and timeliness of prosecuting both patents and trademarks.   For example, one specific action they like to implement is providing examiners with information from applicants' other previously filed patent applications within the USPTO and internationally.  In regards to trademarks, the USPTO desires to "maintain first action pendency between 2.5 and 3.5 months with 12 months or less for disposal pendency".  In other words,...

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Christian Louboutin Trademark Europe Update

LOUBOUTIN WINS KEY LEGAL BATTLE TO PROTECT SIGNATURE RED SOLES FROM COPYING On June 12, 2018, the European Court of Justice (“ECJ”) handed down a landmark ruling in favor of Louboutin, in which it was determined that Van Haren, a Dutch company, had infringed on Louboutin’s protected trademark by selling a range of red-soled shoes.  The case stems from years of litigation dating back to 2012 between Louboutin and the Dutch footwear company in which Louboutin alleged that Van Haren’s “Fifth Avenue by Halle Berry” collection infringed on its “Red Sole” trademark registration within the European Union. The ruling follows a February...

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When Does Your Trademark Protection Begin?

trademark protection

We’ve had the opportunity to talk about how vital a legal tool Trademark is for any company out there. Not only does it promote your brand and provide differentiation in the market.But it also protects your business from others trying to confuse your customers with subpar goods and services. It may also prevent con artists from trying to pass their products as your own. Simply put, a trademark is your best legal recourse to keep the elements that identify your company in the market safe. Once you understand the significance of filing a trademark for elements such as your company’s name or logo,...

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Kanye West’s Yeezy Trademark and Chinese Issues, Don’t Believe the Hype

There has been several articles written, mostly inaccurate and misleading, indicating that a Chinese company has taken the Yeezy trademarks. This is likely not the case.  Kanye West, through his company Mascotte Holdings, Inc., has a US trademark registration for "Yeezy" filed in 2013, as well as other registration/applications for YZY and Yeezi. What the hullabaloo is about as written in Hypebeast and TMZ, is a Chinese company called Fujian Baby Network Technology Co., Ltd, recently filed an application for Yeezy Boast in class 25 for clothing and somehow took the Yeezy trademark.  Wrong.  Even the NYDaily News gets it grossly wrong, as the pending...

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