Tag Archives: trademark
SaaS Providers – What Exactly Is Your Business?
Is a SaaS provider’s business making software, or performing the service the software automates? If you are a SaaS provider (or a lawyer who represents SaaS providers and licensees) you will likely answer: both. It’s Software as a Service, dummy. Not so fast, at least not in the trademark world. Recent events involving the SaaS […]
Trademark Information For Business Owners, Executives and Managers
Today at 12:30 Eastern, Eric Osterberg will be discussing A Business Owner’s Guide to Trademarks and Service Marks with Jaqueline Crosby on the Blog Talk Radio show Legalocity. The discussion will be useful for business owners and managers with questions about how to consider trademarks as part of their business planning.
New York Office
On the one year anniversary of Osterberg LLC, I’m pleased to announce the opening of a New York office at 112 West 34th Street, 18th Floor, New York, NY 10120.
IP Licensing Checklist
Here is a general checklist of things to consider when licensing IP, in no particular order. If you spot any significant omissions, please comment. 1) What precisely is being licensed? 2) What will be the term of the license? a) any automatic renewal? b) options? c) fee changes in subsequent license periods? d) termination rights? […]
Good News For Brand Owners Seeking Injunctions
The potential loss of good will and customers by plaintiff, and possible damage to its reputation, as a result of defendants’ alleged infringement of plaintiff’s marks is not easily quantifiable or remediable by damages, and supports a finding of irreparable harm.
Why Brand Owners Don’t Donate Counterfeits to Charity
In reaction to recent stories of destruction of bridal gowns and other clothing that could have gone to the needy, people are asking why brand owners don’t donate seized counterfeit goods. Four reasons. First, U.S. trademark law provides for the destruction of counterfeit goods; it does not permit donation. Second, counterfeit goods are by their […]
Post-License Use of Trademark Is Counterfeiting
A former trademark licensee’s continued use of a trademark after termination of the license constitutes trademark counterfeiting. That is the holding in a recent District of Indiana default judgment case, Century 21 v. Destiny Real Estate. The court explained: If an unrelated entity had created an identical trademark and provided authorized goods or services (or […]
