BLOG:  IP Legal Freebies

A FEW TIPS re managing copyright, trademarks and intellectual property  [Please note, the postings on this blog are for informational purposes only and do not constitute legal advice]   ...follow and subscribe to this blog on wordpress

Monday
Sep072015

CITYSTICKS & POPSICLE tale of two trademarks

CITYSTICK picCITYSTICKS & POPSICLE are two different trademarks for tasty frozen treats.  These two trademarks are owed by two different companies and are both registered with the USPTO.  USPTO trademark registration grants the owner of each trademark exclusive rights to use the registered trademark when selling, advertising and promoting their frozen treats.  This means that the words CITYSTICKS & POPSICLE are off limits to any other person or company selling frozen treats.  For example, if another person or company uses either of the trademarks to sell or advertise competitive goods without permission of the trademark owner they may be infringing the trademark and might be asked by the owner to stop using the trademark (i.e. to cease and desist from infringing the trademark).

POPSICLE is the older of these two trademarks and it’s no coincidence that the CITYSTICKS packaging pictured to the left and below does not use the trademarked term POPSICLE.  Instead the packaging reads, “ice pops with personalities.”  (As you can see, I quickly ate half the CITYSTICKS ice pop before I thought to photograph it for this post.  It was tasty).CITYSTICKS USPTO screen shot

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: more on the POPSICLE trademark and protecting exclusive trademark rights  at http://wp.me/p10nNq-3t, other posts on exclusive trademark rights at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k/trademark-exclusive/; USPTO (U.S. Patent & Trademark Office) resources at www.uspto.gov; #trademark, #branding, #valueyourbrand @iplegalfreebies and www. iplegalfreebies.wordpress.com.

Monday
Aug312015

New Rules for Creative Revenue

Creative revenue streams – Here are a few of my favorites:FullSizeRender (8)

  • Inexpensive monthly subscription fees for access to video tutorials (for example teaching folks to use photography equipment or to play an instrument)
  • Parlaying social media followers into an eager audience for a book launch.
  • Composing music scores for videos and films. (It’s often much more economical for film and video makers to commission original compositions than to try and get rights to popular songs.  When I saw a preview of the documentary “Doing It In The Park: Pick-Up Basketball New York City” one of the filmmakers shared that he wished he’d commissioned an all original score from the outset).
  • Demonstration YouTube videos that include a retailer affiliate link. (Retailer affiliate links make money when folks click the link and make a purchase).

I believe that smart, creative, entrepreneurial folks can rise to the top, get noticed and make money (if they want to).

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: “How to write a © Copyright Notice and Why to Use it” at http://wp.me/p10nNq-18; Posts on trademark topics for new businesses: https://goo.gl/xqJrOA; #creativerevenue, #valueyourart, #valueyou; @iplegalfreebies and www. iplegalfreebies.wordpress.com.

Friday
Aug072015

Positive PR Spin (The Silver Lining To Controversial Use of Instagram Photo)

A Positive PR Spin appears to be the outcome of choice for at least one of the folks who appeared in Richard Prince’s controversial display at the Frieze Art Fair in NYC earlier this summer. (The controversial artwork consisted of enlarged screenshots of people’s Instagram photos used without warning or permission – reportedly selling for $90,000 a piece. Blogged about here at http://wp.me/p10nNq-I0).

Lo and behold, the Instagram photo of Ms. Deere (pictured to the right) that Richard Prince put up for Screen Shot 2015-05-29 at 8.38.40 AMsale at the Frieze Art Fair was a photo that Ms. Deere posted to Instagram to promote a friend who makes beautiful, hand-crafted dolls (notice the doll in the photo to her right). The silver lining to Richard Prince’s use of Ms. Deere’s Instagram photo is that the photo was seen by even more folks… garnering more attention and notoriety… which Ms. Deere has been able to spin and re-share on social media for additional promotion of her doll maker friend.

Below is a photo and text shared by Ms. Deere recently on Instagram to refocus folks attention to the promotion of her doll maker friend. (As of today, Ms. Deere has 348K followers on Instagram).  Fingers crossed that Ms. Deere and her doll maker friend each make at least an additional $90,000.

Screen Shot 2015-08-07 at 9.54.47 AM

 

 

 

 

 

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: earlier posts on this controversial exhibition featuring Instagram photos http://wp.me/p10nNq-I0 and http://wp.me/p10nNq-En; more information on Instagram’s Terms of Use at http://wp.me/p10nNq-En; Observer article: “Hey Doll, the Instafame of Pidgin at http://observer.com/2015/05/meet-the-doll-maker-and-instagram-star-hacked-by-richard-prince/; Washington Post article: “A reminder that your Instagram photos aren’t really yours: Someone else can sell them for $90,000″ at http://wpo.st/XXOJ0; @iplegalfreebies and www. iplegalfreebies.wordpress.com.

Tuesday
Jul142015

Using the Registered Trademark Symbol: ®

trademarks on the streetWalking down the block today in New York City, I noticed a dozen famous trademarks: WHOLE FOODS MARKET (store sign), NYC TAXI (decal on a cab);  LOUIS VUITTON (purse), 7 ELEVEN (store sign), CON EDISON (on a service truck), UNITED STATES POSTAL SERVICE (on a blue mail box), DUNKIN’ DONUTS (store sign), POLO RALPH LAUREN (logo on a man’s shirt), NIKE (swoosh on a shopping bag); HAAGEN-DAZS (on an ice cream delivery truck); GAP (store sign) and MTA (logo on a poster announcing a subway update).

Once a trademark has been registered with the USPTO, the trademark owner is vested with a bundle of exclusive rights to use the trademark AND the owner also has the right to use the coveted Registered Trademark symbol: ®.  The photo-collage inserted into this post points out several uses of the ® symbol that I noticed out on the street.

Here is a brief excerpt from the United States Patent & Trademark Office’s website on using the ® symbol:

[Y]ou may use the federal registration symbol “®” only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

Registered trademarks are all over the streets of New York City!

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: Other blog posts on using trademark symbols at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k/trademarks-tm-sm/; USPTO (U.S. Patent & Trademark Office) resources at www.uspto.gov and www.uspto.gov/faq/trademarks.jsp#_Toc275426682; INTA (International Trademark Association) fact sheet on trademark use at http://inta.org/TrademarkBasics/FactSheets/Pages/TrademarkUseFactSheet.aspx; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Monday
Jul062015

Avalanche of photos uploaded in a 24-hour period

Seeing the printouts of photos uploaded to Flicker over a 24-hour period is a sobering visual of the amount of content uploaded and shared in one day (on just one of many online photo-sharing websites).  Mountains of photographs… from floor to ceiling… as part of an installation by Erik Kessels titled, “24hours in Photos.”

http://www.kesselskramer.com/exhibitions/24-hrs-of-photos and http://www.images.ch/2014/en/festival-en/program/artists/erik-kessels-3.  The photographs included in this second link are particularly amazing, because, the instillation appears to be in a church and echoes a “devotion” to online photo-sharing which may be an almost, automatic reflex for many folks.  Personally, I find the sheer volume of content that folks share online staggering (often without even considering the rights that may be given away by merely using and posting the photos to an online photo-sharing website or social media site).

Before sharing photos online, it’s always a good idea to read the Terms of Use of the website so that you are aware of how your photos may be used by other folks after you post them.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: Other blog posts on Terms of Use for websites and social media at https://iplegalfreebies.wordpress.com/category/website-terms-of-use/ @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Page 1 ... 2 3 4 5 6 ... 38 Next 5 Entries »