Category: Uncategorized

  • Broncos 12th Man Infringement

    Will The Broncos Have to Pay for Their “12th Man” Infringement?

    Today is a big day in Colorado. Tim Tebow and the Denver Broncos are in the NFL playoffs, and they’re scheduled to play against the New England Patriots today. So what do the Denver Broncos have in common with intellectual property law? Plenty. Colorado patent attorney Mark Trenner of Trenner Law Firm, LLC in Denver explains.

    According to the Denver Post article “Broncos could be in trouble with Texas A&M after fan flag” the university may take legal action against the Denver Broncos for using the school’s trademarked “12th man” phrase before last Sunday’s game against the Pittsburgh Steelers. Apparently a man parachuted into the stadium in Denver holding a “12th man” flag, and Texas A&M claims to own a trademark for this.

    I checked the US Trademark Office records, and sure enough, Texas A&M does have a trademark registration (trademark registration number 1,612,053 registered in 1990) for “12th MAN” for “novelty buttons, towels, hats, t-shirts, polo-type shirts, golf shirts, sweaters, shorts, and athletic uniforms, in addition to college scholarship services.”

    But what do any of these items have to do with the flag at the Broncos game?

    Mark explains that with trademark law, potential infringers need to be aware that it’s not just identical uses, but what might be considered to be “confusingly similar.” Here, another sports team used the identical words “12th man” on a flag at a sporting event (I might add that it was a widely publicized and watched NFL television event). A flag isn’t the same as hats, t-shirts, etc., but given the circumstances (a football game with football fans who likely watch both college football and NFL games), arguably there may be an element of confusion. That is, those attending the NFL game may have been “confused” into thinking that Texas A&M was somehow associated with or involved in the parachute stunt – when apparently the university was not involved.

    Do they have a case? Possibly. At least the Denver Post article quotes Jason Cook, vice president of marketing and communications at Texas A&M as tweeting that they “will defend our trademark.” And that wouldn’t be the first time either. According to the article, Texas A&M threatened legal action against the Seattle Seahawks for a similar stunt last season. The article says that they settled after “the NFL team was forced to pay the school a fee.”

    Denver patent attorney Mark Trenner would like to acknowledge that the following trademarks: NFL, New England Patriots, Denver Broncos, Denver Post, and Texas A&M, are all trademarks of their respective trademark owners.

  • Denver Patent Lawyer Q & A Part 8 of 8

    Denver Patent Lawyer Q & A Part 8 of 8

    Denver Patent Lawyer Q & A Part 8 of 8

    What is a Response to an Office Action?

    A Response to an Office Action typically includes either or both an amendment and remarks.

    What is an Amendment?

    In an amendment, you agree to make changes to the claims. You might also make changes to the written description of your invention (for example, to correct typographical errors). Sometimes you also have to make changes to the drawings (for example, to show an aspect of your invention more clearly).

    What are the Remarks?

    In a response, you present arguments or reasoning explaining why your invention should be patentable and why the Examiner’s rejections are incorrect. If the Examiner agrees, the next action you receive from the US Patent Office may be a Notice of Allowance – meaning your patent application will issue as a patent if you pay the fees and tend to any formalities the Examiner requires.

    But how do you file a Response to an Office Action?

    The mechanics of preparing and filing a Response are best left to a patent attorney. There are specific requirements, including important deadlines, that must be met in order to file a proper Response with the US Patent Office. Failing to file a proper response in a timely manner may result in a loss of legal rights to your invention.

    Ask about my blog over at ipatentattorney.org – packed with free information about patents, copyrights, and trademarks.

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    Ask about my package pricing. Why pay high hourly rates? I tell my clients what it will cost up front, with no hidden fees. All my package pricing includes free phone support, where they can speak directly with me.

    Denver Patent Attorney

  • Denver Patent Attorney Q & A Part 6

    Denver Patent Attorney Q & A Part 6

    What if I am still developing my invention?

    Even if you are still developing your invention, you can file a provisional patent application. Then if you come up with more developments during the one year before the provisional patent application expires, you can add those new features to the regular patent application. This way, nothing gets left out.

    What if my product is fully developed?

    Even if you think your invention is fully developed, it’s always good to get a second opinion (and a third opinion, and a fourth opinion . . . ). Showing your invention to friends and family, having a prototype built, and testing your invention may all lead to improvements, fixing things that don’t work, or coming up with different ways of implementing your invention.

    Can I show my invention to others without losing rights to my invention?

    Getting those second opinions means showing your invention to others, which can be risky business if you haven’t already filed at least a provisional patent application. In addition to reducing the risk that someone sees your invention and claims it as their own, a provisional patent application can also be important evidence that your invention belongs to you.

    What if I want to test the market for my invention?

    Maybe you think your invention is the greatest idea since the light bulb. You’ve told your spouse and a few close friends, and they all agree. But what really counts is how your invention is what the customers think. There are many patents issued every year, and many more patent applications filed, that never make it in the marketplace. Wouldn’t it be good to get some customer feedback to find out whether your invention is really all you think it is? Wouldn’t it be good to know whether your invention will be an instant success, whether it needs some more work, or whether it’s a total flop before you invest too much time, effort, and money in this idea?