A “provisional” patent application is a slimmed-down version of a patent application that allows inventors to get a filing date at the USPTO. Provisional patent applications are often filed to allow the inventor to begin testing the waters to see if the invention is viable and marketable before having to file a more expensive, full-blown patentRead More…
Can you claim a copyright in a book title?
Generally speaking, no, because titles may be too short to qualify as copyrightable works. The original content of the books, however, can be protected by copyright. Furthermore, book titles in a series – think “Harry Potter” or “Baby-Sitters Club” books – can receive trademark protection if they identify a brand.
The Secretary of State’s website says the business name I want is “available.” Can I use it?
Not so fast. This question has tripped up people before. To form an LLC or corporation, in most states you go to the Secretary of State’s website. There, you can check if your proposed business name is “available.” But “available” does not tell the whole story. The Secretary of State is essentially just trying to determine whether it can open aRead More…
What Exactly is a Franchise?
When you think of a “franchise,” images of chain restaurants often come to mind. However, franchises can take all shapes and sizes, and they can apply to all sorts of business concepts. In fact, sometimes a business arrangement is a “franchise” without the parties even intending it to be one. So what, then, is a “franchise”? UnderRead More…
What Exactly is “Use in Commerce” of a Trademark?
In the United States, for (most) trademarks to be registered, they must be used “in commerce” that the U.S. Congress may lawfully regulate. This can be a tricky topic, even for lawyers who do a lot of this work, especially since Congress seems to have pretty broad authority to regulate commerce. The clearest examples are interstate commerceRead More…