Erik K Pelton

FEBRUARY 26, 2024

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. I’ve been in the world of trademarks for 25 years.

Trademark 130

Trademark Registration Television Editing 130

Erik K Pelton

OCTOBER 3, 2023

What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks? The post Trademark lessons from The Bear appeared first on Erik M Pelton & Associates, PLLC. What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks?

Trademark 162

Trademark Television 162

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. While good copyright practices can’t protect you from the ghosts and goblins, they may help keep the lawyers away. Please bear in mind that many of these stories are old and are not written to the standards of the current site.

Plagiarism 213

Plagiarism Copyright Public Domain Copyright Infringement 213

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP Tech Blog

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. The Court held that a “use in commerce” is a “bona fide use of a mark in the ordinary course of trade,” and that the infringing “use in commerce” of a trademark must be domestic and “provides the dividing line between foreign and domestic applications” of the Lanham Act.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. The court also entered a permanent injunction preventing defendant from using plaintiff’s marks anywhere in the world. The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog. Hetronic International, Inc.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45