IP Law Clinic Client Highlight: VAL'S KALE
Valerie B.
Hungry? Want a healthy snack? Try Val’s Kale Chips! Our client, Valerie B., is the owner of Val’s Kale; a brand that specializes in vegetable based snacks. Val contacted the IP Law Clinic in January 2017 in search of trademark application assistance. Val's student attorney, LaCole, helped her discover which (of many) marks complemented her brand and successfully file two trademark applications. Her marks, “Love & Light in Every Bite!” and “Val’s Kale” (design mark), are now pending.
Val’s Kale chips are deliciously nutritious and have an abundance of health benefits! Her tasty kale chips are natural, gluten free, and vegan. She has five mouthwatering flavors: original, garlic, spicy curry, ginger, and sweet garlic. Val sent the IP Law Clinic one of each flavor and I’m telling you, we couldn’t put them down!
Visit her website at Valskale.com to order, Val’s Kale chips, now!
Val’s Kale chips are deliciously nutritious and have an abundance of health benefits! Her tasty kale chips are natural, gluten free, and vegan. She has five mouthwatering flavors: original, garlic, spicy curry, ginger, and sweet garlic. Val sent the IP Law Clinic one of each flavor and I’m telling you, we couldn’t put them down!
Visit her website at Valskale.com to order, Val’s Kale chips, now!
Intellectual Property Legal News Update
All Eyes on Me Lawsuit
A former Vibe journalist sues All Eyes on Me producers for copyright infringement. The journalist alleges that the bio-pic's producers used exclusive interviews he held with Tupac, and fictional character information he created in the film.
Beyonce & Jay Z Trademark Twins' Names
Power couple Beyonce’ and Jay-Z welcomed new twins Rumi and Sir Carter in June. As a gift to the twins, Bey’ applied to trademark their names (for varies goods) to prevent others from profiting off their children’s names. Unfortunately, they failed to provide a consent statement disclosing that Rumi Carter and Sir Carter are living individuals who consent to the use of their names as trademarks with the USPTO. The USPTO requires consent statements when the applied for trademark includes a first and last name. The Carters will most likely receive an Office Action about this matter which will slow down their application process.
10-Year-Old Inventor
A ten-year-old boy created a device to prevent kids from dying in hot cars after neighbor became victim of a hot car death.
Gucci Sues Forever 21 for Knock-Off Products
International fashion house, Gucci, is in the trademark boxing ring with Forever 21. Gucci has accused Forever 21 of knocking-off its famed blue-red-blue and green-red-green stripes after Forever 21 preemptively sued Gucci to protect itself.
NEW Patent Lawsuit Restrictions
The Supreme Court recently imposed new patent lawsuit venue restrictions.
A former Vibe journalist sues All Eyes on Me producers for copyright infringement. The journalist alleges that the bio-pic's producers used exclusive interviews he held with Tupac, and fictional character information he created in the film.
Beyonce & Jay Z Trademark Twins' Names
Power couple Beyonce’ and Jay-Z welcomed new twins Rumi and Sir Carter in June. As a gift to the twins, Bey’ applied to trademark their names (for varies goods) to prevent others from profiting off their children’s names. Unfortunately, they failed to provide a consent statement disclosing that Rumi Carter and Sir Carter are living individuals who consent to the use of their names as trademarks with the USPTO. The USPTO requires consent statements when the applied for trademark includes a first and last name. The Carters will most likely receive an Office Action about this matter which will slow down their application process.
10-Year-Old Inventor
A ten-year-old boy created a device to prevent kids from dying in hot cars after neighbor became victim of a hot car death.
Gucci Sues Forever 21 for Knock-Off Products
International fashion house, Gucci, is in the trademark boxing ring with Forever 21. Gucci has accused Forever 21 of knocking-off its famed blue-red-blue and green-red-green stripes after Forever 21 preemptively sued Gucci to protect itself.
NEW Patent Lawsuit Restrictions
The Supreme Court recently imposed new patent lawsuit venue restrictions.
Tips to Help You Maintain Your Trademark Registration
Use Your Trademark as an Adjective
When using your trademark in commerce, be sure to use your mark as an adjective, not as a noun.
Using your trademark as an adjective is important because it helps prevent your trademark from becoming generic. A trademark becomes generic when consumers perceive it as the name of an entire category of products. Instead of as a specific product brand. Here is an example of correct and incorrect usage of the trademark "Kleenex."
Correct: I prefer KLEENEX tissue
Incorrect: I prefer KLEENEX
Once a trademark goes generic, you may lose your trademark registration. Many trademarks have become generic due to improper usage. Don’t let yours be next.
Rest in Trademark Peace:
ASPRIN
ESCALATOR
XEROX
BAND-AID
YO-YO
HEROINE
Using your trademark as an adjective is important because it helps prevent your trademark from becoming generic. A trademark becomes generic when consumers perceive it as the name of an entire category of products. Instead of as a specific product brand. Here is an example of correct and incorrect usage of the trademark "Kleenex."
Correct: I prefer KLEENEX tissue
Incorrect: I prefer KLEENEX
Once a trademark goes generic, you may lose your trademark registration. Many trademarks have become generic due to improper usage. Don’t let yours be next.
Rest in Trademark Peace:
ASPRIN
ESCALATOR
XEROX
BAND-AID
YO-YO
HEROINE
Prof. Terrell Produces T.V. Show Educating on Ways to Protect Creativity with IP Law
|
HUSL's very own, Professor Terrell, has flawlessly taken broadcasting by storm with her new segment, What The Cupcake!? What The Cupcake uses real life intellectual property disputes to educate the public by providing creative ways on how to protect their intellectual property rights. What The Cupcake has all the tea you need on protecting your creativity! |
|
Meet Our 3 HUSL Summer Interns
Maya Day
Maya is a rising 3L who served as an IP Law Clinic student attorney during the 2016-2017 school year, and currently writes for the IP Law Clinic’s blog. Maya’s IP Law skills have allowed her to secure an internship at BET Network. You read right, Maya spent her summer interning at B-E-T!
At BET, Maya’s duties included reviewing contracts for scripted programs and reality t.v. shows. Maya truly believes that her time within the IP Law Clinic prepared her to successfully manage the diverse work load at BET Network.
When asked what quote best describes her, Maya responded by saying “She believed she could, so she did.”
At BET, Maya’s duties included reviewing contracts for scripted programs and reality t.v. shows. Maya truly believes that her time within the IP Law Clinic prepared her to successfully manage the diverse work load at BET Network.
When asked what quote best describes her, Maya responded by saying “She believed she could, so she did.”
Kandyce Hall
Kandyce, also a rising 3L and 2016-2017 IP Law Clinic student attorney, had the pleasure of externing in the Trademark Legal Policy Office of the U.S. Patent and Trademark Office (USPTO), and working as a consultant for the IP Law Clinic this summer.
At the USPTO, Kandyce addressed issues of aesthetic functionality, intent to use applications, and fraudulent specimen submissions. She even observed trademark proceedings before, both, the U.S. Court of Appeals for the Federal Circuit, and the Trademark Trial and Appeal Board.
Kandyce contributed to the IP Law Clinic by creating mark search strategies, drafting trademark applications, and developing content for the IP Law Clinic’s blog.
Kandyce is grateful for the experience and knowledge she acquired this summer. She hopes to continue to contribute to the IP Law Clinic throughout her final year of law school.
At the USPTO, Kandyce addressed issues of aesthetic functionality, intent to use applications, and fraudulent specimen submissions. She even observed trademark proceedings before, both, the U.S. Court of Appeals for the Federal Circuit, and the Trademark Trial and Appeal Board.
Kandyce contributed to the IP Law Clinic by creating mark search strategies, drafting trademark applications, and developing content for the IP Law Clinic’s blog.
Kandyce is grateful for the experience and knowledge she acquired this summer. She hopes to continue to contribute to the IP Law Clinic throughout her final year of law school.
LaCole Spraggins
LaCole, a recent HUSL grad, served as the IP Law Clinic’s research assistant this summer. Her tasks included maintaining client files, researching trademark issues clients faced, preparing trademark applications, and responding to Office Actions that addressed issues of consent statements, specimens, renewals, and statement of use information.
“I enjoyed working on an array of trademark issues, and with clients who kept me on my toes. I didn’t know how much I learned while in the IP Law Clinic until this summer. I went from having only two clients to assisting almost all clients on the IP Law Clinic’s docket. My experience was amazing,” LaCole explained.
The HUSL IP Law Clinic thanks Maya, Kandyce, and LaCole for their hardwork and dedication this summer!
“I enjoyed working on an array of trademark issues, and with clients who kept me on my toes. I didn’t know how much I learned while in the IP Law Clinic until this summer. I went from having only two clients to assisting almost all clients on the IP Law Clinic’s docket. My experience was amazing,” LaCole explained.
The HUSL IP Law Clinic thanks Maya, Kandyce, and LaCole for their hardwork and dedication this summer!
