Friday, March 21, 2008

Spring Skiing and On-Snow Trademarks

Spring Skiing and On-Snow Trademarks: Nordica, Rossignol, ARMADA, Grenade, Oakley, Persol, Burton, Coppertone........ Don't cha just feel like blowing out of town Right Now and getting on the highway or a plane or a train and hitting the slopes...?

Before you go, have a peek at these Great On Snow Brands and Trademarks:

Nordica, Rossignol, ARMADA, Grenade, Oakley, Persol, Burton........ Did you know:


A trademark (or mark) is defined as any word, symbol, slogan, or device (such as a design), or a combination of them, used by a manufacturer or merchant to identify his goods or services and to distinguish them from those manufactured, sold or serviced by others. ROSSIGNOL® and BURTON® are excellent examples of 'word' marks for skis and snowboards. "TAN DON'T BURN" is an example of a 'slogan' mark and if you are a spring skier you definitely want to rachet up the SPF to protect your skin, esp. on your face. A logo or design such as the famous COPPERTONE girl and the dog is an example of a 'design' mark. OAKLEY® and PERSOL® for goggles and sunglasses are popular on the slopes too. And don't forget to protect your head from injury with a suitable protective helmet. A few examples of trademarks for helmets include BELL®, BURTON® and LEEDOM®. An example of a service mark is ESPN® for the "entertainment services, reporting and sports programming services rendered through the medium of television." Such a service mark as ESPN® can also be exploited and serve as a trademark (i.e., for clothes (shirts, hats, sweaters, vests); prerecorded videotapes; beach bags, beach towels, etc.). In the U.S., trademark rights are acquired through use (e.g., by selling or transporting your product in commerce with the mark attached or on a label). In addition, under certain circumstances "color" can be a trademark. Examples outside the surf/beach industry are the color "pink" for fiberglass insulation and "green" for dry cleaning pads.

So the next time you are on the slopes be sure to check out all the Brands and Trademarks on display and in use. Each of the aforementioned well known brands are backed up and protected by a Trademark Registration. If you too have a brand, consider whether or not you have adequately protected it with a trademark or service mark registration. If you are doing business in other countries and haven't done any registration work, it is strongly suggested you do so as soon as possible, esp. if you want to avoid the proverbial snowball in the face in the form of a trademark infringement. For more information on this topic, check out our website at:

and click on ARTICLES.

Friday, March 07, 2008

Interactive Trademarks 2.0

Interactive Trademarks 2.0:
Selection, Clearance & Registration
By William E. Maguire

Interactive Trademarks and the corresponding jargon have evolved significantly since the 1990s. Consider such terms as "edutainment" or "superhighway" which were once in vogue. Today's buzz words now include "Web 2.0," "shopcasting," "wiki," and "mobile tv," among many others.

The purpose of this article is to introduce the reader to the fundamental aspects of trademark law, particularly with respect to such well known interactive trademarks as SONY, NINTENDO, EA SPORTS, and EIDOS. Each of these marks readily identify the products that have made them well known. Yet, these types of interactive trademarks are also merchandised for ancillary products such as t-shirts, hats, gear bags, comic books, posters, among other products. In addition, these marks can be spun off as feature films or animated cartoon series which may in turn be registrable as service marks.

Click here to read more....