As a product creator, how do you prevent confusion with other similarly-named products in the market? Josh is an intellectual property attorney specializing in trademark law. He joins Mark and Adam to discuss why trademarks exist to protect consumers, not businesses; the legal differences between ™️, ®, wordmark, and logomark; patent trolling and trademark bullying; and the APIs used to monitor trademark databases. Plus: the trademarks of Apple, Monster Energy, and LeBron James.
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Show notes
- Josh Gerben (@JoshGerben)
- Gerben Intellectual Property
- TESS (Trademark Electronic Search System, or TESS)
- origin of the name “Google”
- Lanham Act
- retainer
- Metamuse episode on Brand
- US Patent and Trademark Office (USPTO)
- common law right
- Dove soap, Dove chocolate
- case law vs statute
- expert testimonial
- mutually assured destruction
- word mark vs logo mark
- trademark watch service
- trademark bullying
- Gerben Trademark Library
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