How To Avoid A Trademark "Party Fowl"

Posted by Randy Michels on Jan 27, 2016 12:45:33 PM

Nashville is famous for being the home of country music, but it's developing quite a reputation as a culinary hot spot. This has helped raise the profile of one of Nashville's signature dishes: hot chicken.

The origins of hot chicken can be traced to Prince's Hot Chicken Shack. Thornton Prince was rumored to be quite the ladies man. After a particularly late night out, Prince's girlfriend cooked him a fried chicken breakfast with extra pepper as revenge. Prince liked it so much that he created his own recipe and opened the restaurant bearing his name in the 1930's.

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Hot chicken is now featured prominently around Nashville. Besides Prince's, popular hot chicken restaurants include Hattie B's and Party Fowl. Last year, I welcomed a trademark lawyer from New Zealand to town and introduced him to hot chicken at Party Fowl.

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Topics: Trademark Search

Best Practices for Brands - Trademark Searching

Posted by Randy Michels on Jan 27, 2016 10:35:58 AM

Brands are often the most valuable assets that companies own, driving demand and building relationships with customers and partners. Check out the eye-popping values of the world's top 10 brands as calculated by leading brand valuation consultancy Brand Finance:

Given the dollars involved, companies vigilantly protect their brands with trademarks for words or designs that are unique to their business - including logos, company names, tag lines, product packaging, sounds and even smells. This creates a potentially devastating trap for the unwary. Take, for example, the case of Dallas-based yogurt shop Monster Yogurt.

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Topics: Trademark Search

How to Search a Logo

Posted by Randy Michels on Jan 19, 2016 9:16:08 AM

Companies vigilantly protect their brands with trademarks that are unique to their business. This creates a potential trap for the unwary if you happen to adopt a trademark that violates the rights of someone else. At a minimum, you may be forced to drop the trademark. In the worst case scenario, you could be liable for damages and attorneys fees. So before spending time and money building your brand, it’s critical to conduct a trademark search

Preliminary Search vs. Full Search

Trademark searches come in two varieties: (1) preliminary (or knockout) searches; and (2) comprehensive (or full) searches. This post is going to focus on preliminary trademark searches for logos. To learn about preliminary searches for word trademarks, please click here.

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Reasons to Do a Preliminary Search

Preliminary searches are designed to eliminate trademarks with obvious conflicts due to a likelihood of confusion. A likelihood of confusion exists when trademarks are so similar and their goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.

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Topics: Trademark Search

How To Do A USPTO Trademark Search

Posted by Randy Michels on Jan 13, 2016 11:22:35 AM

So you've just picked out a new name for your start-up. Or you've decided on a brand name for a new product. The next step is to file a federal trademark application, right? Wrong. Before filing a trademark application, you need to run a trademark search.

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Topics: Trademark Search

About This Blog

From their office in a meat packing plant turned creative community, the lawyers at Trust Tree craft articles on the importance of trademarks and the power of branding. When you visit our blog, you can expect lots of content related to those topics. Unfortunately, you can also expect lots of memes, lame jokes, bad puns, and shoutouts to Nashville. The goal of our blog is to help you learn a few things about trademarks in the least painful way possible.

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