What Is The UDRP? (and Why It Matters to Your Business)

What Is The UDRP? (and Why It Matters to Your Business)

Domain Names, Trademark, Trademark Infringement, UDRP
In the past month, I've had a number of clients who are either facing, or are in a good position to use, the Uniform Domain-name Dispute Resolution Policy (UDRP) for their websites and domain names. Given this rash of requests to our e-commerce law firm, this might be a good idea to explain just what is the UDRP and the advantages it offers online businesses and trademark owners facing disputes over domain names utilizing or confusingly similar to their valuable brands. What is the UDRP? The explosion of the World Wide Web in the very late 20th Century led to a number of enterprising individuals attempting to register trademarks they did not own or had no legal authority to use as Internet domain names. The purpose behind this "land grab"…
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How Do I Trademark My Book Title?

How Do I Trademark My Book Title?

Entertainment, Trademark, Trademark Infringement
Stacked Books by Thought Catalog from Pexels Every now and then, I'm asked by aspiring authors, songwriters, film makers, and other creative types, “How do I trademark the title of my book [or song, movie, etc.]?” In this post, we take a look and answer the question of whether titles to books can even receive trademark protection and how you can possibly protect the economic value of that awesome book, song, or painting title of yours. Ben's Note: For purposes of this post, I will keep things simple by referring to titles of books, but, for the most part, you can extrapolate these ideas to whatever work you’ve created, e.g., new song, photograph, YouTube video, etc. Can I Trademark My Book Title? First off, let's eliminate the suspense. In general,…
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Repeat After Me—Domains are NOT Trademarks (but Trademarks Can Be Domains)

Repeat After Me—Domains are NOT Trademarks (but Trademarks Can Be Domains)

E-Commerce, Entity Formation, Lanham Act, Trademark, Trademark Infringement
Lately, I've had more than one new business owner client tell me they registered a website domain with their company name and, because they were able to do this, then it must not be a registered trademark and available, right? [I direct your attention to the title of this blog post] No, you cannot just add a word onto someone else's trademark and register that domain A recent situation with a new startup client ran something like this: the founder had selected their company name but had not ever bothered to perform an actual trademark search or "clear" the usage of the name. She subsequently hired my firm to assist with getting their startup formally set up and basic initial documentation and disclosures prepared. At one point, the founder requested…
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USPTO Announces Extension for Trademark Responses Affected by Coronavirus

USPTO Announces Extension for Trademark Responses Affected by Coronavirus

Intellectual Property, Trademark, USPTO
In response to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the United States Patent and Trademark Office (“USPTO”) on March 31, 2020 announced an extension of time to file certain trademark-related filings and fees. What Trademark deadlines are being extended? The announcement from USPTO Director Iancu explained that the unprecedented COVID-19 pandemic prejudices the rights of trademark applicants, registrants, and owners. The announcement went on to provide that parties unable to meet trademark-related deadlines due to the Coronavirus outbreak would be granted a 30-day extension for certain deadlines falling between March 27th and April 30th of this year. How can a Trademark applicant request the 30-day extension? The USPTO has stated that the 30-day extension will be provided to any filing accompanied by a “statement that the delay…
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My Business Name Changed. How Do I Notify The IRS?

My Business Name Changed. How Do I Notify The IRS?

Business Formation, Entity Formation, Start-Up, Trademark
While rare, it is not totally uncommon for our startup and even more established business clients to change their name. When this occurs, how does your business notify the IRS of a change in its business name? Ben here: Thank you for viewing one of our more popular posts but understand that it is only for general informational purposes. To be totally clear, I am not a tax attorney or CPA, and this is NOT tax advice. Our Phoenix law firm focuses on startup businesses, e-commerce, and software and technology transactions. You should always consult with your CPA or qualified tax advisor with regard to any matters of taxation, tax planning, and tax liability as they apply to your specific situation. Why would a company change its name? Recently, a…
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