Should I Register My Trademark?

Business, Intellectual Property

Business owners often ask me if they should “trademark” the name of their business. The good news for many of them is that they already have a trademark. There is no such thing as “trademarking” your company’s name. When you choose a name under which you will provide a particular good or service, you are adopting a trademark. In the U.S., you obtain rights in that trademark by using the mark in commerce in connection with the sale of goods or services. You do not have to register your trademark to have rights in it.


What the New Generic Top-Level Domains Mean for Your Brand

Intellectual Property

At the beginning of this year, the Internet Corporation for Assigned Names and Numbers (ICANN), the entity that manages the Internet’s global domain name system, began releasing new generic top-level domains (gTLDs) such as .restaurant, .news, .computer, and .coffee. As many as 700 new publicly available gTLDs will roll out through 2015.


Merely Advertising Your Services Is Not Enough to File A Use-Based Application

Intellectual Property

The Trademark Trial and Appeal Board (Board) granted Playdom Inc.’s petition for cancellation of registration for the mark PLAYDOM for certain entertainment services on the basis that the registration was void because Registrant David Couture had not used the mark in the rendering of the entertainment services prior to filing his Section 1(a) use-based application.


The Rules in Washington Medical Malpractice Cases Continue to Shift

Health Care, Litigation

Earlier this morning, a deeply divided Washington Supreme Court issued an opinion that allows defense lawyers in certain cases to speak privately with a medical malpractice plaintiff’s treating physicians. The Court’s decision today in Youngs v. PeaceHealth fundamentally changes the status quo in handling and investigating medical malpractice cases in Washington.


Washington Supreme Court Rules Another Medical Malpractice Reform Law Unconstitutional

Health Care, Litigation

This past week, the Washington Supreme Court ruled that yet another aspect of Washington’s recent medical malpractice reform laws is unconstitutional. In the case of Schroeder v. Weighall, the Court on Thursday ruled that minors who are plaintiffs in medical negligence cases are entitled to “toll” the statute of limitations applicable to their claim (a sort of “time out” from the statute of limitations)


IRS Opens Door For Some Washington Businesses to Receive ACA Credit

Employment

Employer Alert! The IRS issued guidance last week that certain small businesses in Washington can qualify for the Affordable Care Act’s small business tax credit if they provide their employees with health insurance that meets current rules, even if the employer’s principal business address is in a county not offering a qualified health plan