Arthur R. Lehman, L.L.C.

intellectual property Archives

Tomato sauce maker abandons product name but learns to prosper

This blog has previously noted the steps that a trademark owner will take to protect the mark. But, what happens to the business that is forced to abandon a successful product name? A tomato sauce maker was recently compelled by a New York restaurant to pick another tradename for its products, but it has found a way to recover from this setback and continue to prosper.

KFC sues New York businessman over famous slogan

Perhaps one of the world's most famous advertising slogans is the three word phrase used by Kentucky Fried Chicken to promote its fast food products: "finger lickin' good." Now, the chain has filed a petition with the United States Patent and Trademark Office to block a New York state businessman from using phrases that are similar to its trademarked phrases but which appear have nothing to do with fried chicken or any other kind of food product.

Restaurant owners settle trademark dispute over names

Few businesses depend upon their names to the same extent as restaurants. A restaurant's name can signify the kind of dining experience the restaurant provides and can become a key element of word-of-mouth marketing. A trademark infringement lawsuit involving similar restaurant names was recently avoided when the owners of two New York City restaurants found a creative solution to their dispute.

What is the Lanham Act in trademark law?

Businesses spend a great deal of money to develop and protect their intellectual property. Consequently, they view any attempt by a competitor to reduce the value of that property with justifiable alarm. One of the most potent legal weapons for protecting a firm's trademarks, patents, trade dress, and copyrights is the little known but very effective Lanham Act.

How does New York define a "trade secret"?

New York City is perhaps the largest financial, entertainment and high tech center in the United States, and businesses engaged in these industries rely heavily of the concept of "trade secret" to protect their intellectual property from expropriation by other firms. Ironically, New York and Massachusetts, are the only two states that have not adopted the Uniform Trade Secrets Act. Instead, New York courts use a common law definition that is the product of many years of trade secret litigation.

Helping business owners protect their copyrights

As previous posts on this blog have discussed, many of the most prominent copyright disputes concern books, music and other works of art. Many people may mistakenly assume that this means businesses need only concern themselves with trademarks, patents and trade secrets, and not with copyright law. However, copyright disputes can concern business materials, as well as art and literatue. In fact, many businesses in New York City need to rely on copyrights to protect their software, marketing material and other important assets.

Copyright lawsuit over Author of children's books

An author who some time got sued for copyright infringement by the estate of J.D. Salinger for publishing a sequel to Salinger's "The Catcher in the Rye" without permission has landed himself in legal trouble again for a series of children's books he and a collaborator published.

What does a copyright protect?

Many businesses have tangible assets that they need to protect. These can include things like machinery, real estate and other supplies and materials. This is property that can be seen and touched. However, this is not the case for all businesses. Some businesses in New York have intangible property. This is property that may not necessarily be able to be held or touched, but is still as valuable as some of these other types of assets.

Trademark protection: A cautionary tale from Apple

For breadth of offered products, ease of transaction and up-to-date customer feedback, Amazon provides an e-commerce experience that is tough to beat. According to Forbes, Amazon's popular subscription service and speedy delivery are two additional reasons why it has outperformed traditional retailers. Within the past year, the company was rewarded for its service with $82.8 billion in online sales, outpacing its closest competitor by more than $60 billion.