Writings by William R. Samuels

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US Companies Can Make Their Trademark Incontestable

Is your company’s trademark incontestable? While US business owners generally understand the benefits of federally registering their trademarks, many are unaware that you can go one step further in protecting your intellectual property rights.

Author: William R. Samuels

April 10, 2018

USPTO

Cease and Desist Letter 101 for NJ Businesses

When legal disputes arise, a cease and desist letter can be a quick, effective, and inexpensive way to resolve it. In basic terms, a cease and desist letter is intended to put the receiving party on notice that you believe they are committing an illegal act. It also advises that if they do not stop, you plan to take legal action.

Author: William R. Samuels

February 8, 2018

New Jersey

Federal Circuit Holds TC Heartland Changed the Law

According to Federal Circuit Court, SCOTUS’ Decision in TC Heartland Represents a Change in the Law The U.S. Supreme Court’s decision in TC Heartland represented a change in the law, according to the Federal Circuit Court of Appeals. The key patent decision resolves a split among the district courts and should allow for venue transfer […]

Author: William R. Samuels

December 13, 2017

Did You Know You Can Trademark a Hashtag?

#Yes! You Can Trademark a Hashtag While the # symbol once referred to numbers, it is now synonymous with social media. As a result, businesses are increasingly seeking to incorporate hashtags into their trademark registrations. While hashtags may be a relatively recent phenomenon, the standard rules generally apply when seeking to register a trademark that […]

Author: William R. Samuels

November 21, 2017

Social Media

Reminder! DMCA Agent Registration Deadline Approaching

DMCA Agent Registration Must Be Completed By December 31st The U.S. Copyright Office’s new electronic system to designate and search for agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (DMCA) is now live. Most importantly, by December 31, 2017, service providers are required to designate an agent under the DMCA […]

Author: William R. Samuels

October 23, 2017

Will Velcro’s Unique Trademark Protection Strategy Stick?

Velcro Launches Campaign To Prevent Loss Of Its Trademark Protection To Genericide Velcro Companies recently took a unique step to ensure that it does not fall victim to its own success. It launched an online campaign designed to deter the public from misusing its VELCRO™ trademark. Falling Victim to Genericide Velcro is right to be […]

Author: William R. Samuels

October 16, 2017

Is the Ban on Registering Scandalous Trademarks Also Doomed?

SCOTUS’s Decision in Matal v. Tam May Strike Down Federal Government’s Ban on Registering Scandalous Trademarks The federal government’s ban on registering scandalous trademarks may also be struck down in light of the U.S. Supreme Court’s decision in Matal v. Tam. Late last month, the Federal Circuit Court of Appeals heard oral arguments in a case challenging […]

Author: William R. Samuels

October 12, 2017

New Jersey

What's In A Name?

It’s one of those things that you know, but it’s rarely front of mind. You never think about it, but you’re bombarded by it daily. A NAME embodies a whole effort. When you reference your efforts in business–whether for profit or non-profit–at a certain time you use a name, or a symbol, or a sound […]

Author: William R. Samuels

September 21, 2017

Rumblings from the UK: Staying Safe During Brexit

Recent word from colleagues in the United Kingdom is that while European Union trademark filings and registrations still cover the UK, with Brexit underway the best bet these days is to file for EU coverage and UK coverage if the UK is a target for your business. This is not to say that EU marks will not […]

Author: William R. Samuels

May 2, 2017

Technically, Data Are Still Data

In Clarilogic v. FormFree Holdings, the Court Of Appeals upheld the District Court for the Southern District of California holding that the claims of U.S. Patent Application No. 8,762,243 (‘243 Patent) are ineligible under 35 U.S.C. § 101 because they are directed to an abstract idea and contain no additional elements that transform the nature of the […]

Author: John C. Laurence

April 19, 2017

The USPTO Made a New Years' Resolution & It Impacts You

The USPTO and Trademark Trial and Appeal Board (“TTAB”) joined the rest of us in attempting to improve with a New Year’s resolution. However, instead of already giving up on gym membership plans, the USPTO has taken 2017 by storm with an emphasis on digital efficiency, some rule changes, and everyone’s favorite, increased fees. […]

Author: William R. Samuels

February 14, 2017

Scarinci Hollenbeck

Barcelona and Adidas Reach Detente

It looks like Barcelona and Adidas have reached a deal to keep the Football Club’s stripes off the USPTO register and Adidas’s options open for future enforcement. On February 7, 2017, Adidas AG, its affiliates, and Futbol Club Barcelona, filed a Mutually Consented Motion to Withdraw Application And Dismiss Opposition Without Prejudice.

Author: William R. Samuels

February 13, 2017

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