Stay Informed with the Anthony Law Blog
Why Having a Domain Won't Stop People From Using Your Brand
The first thing many people think about when it comes to a company’s online presence is the domain name. But while it is undeniably important to own the most direct and official sounding domain name for your business, it won’t do much to help stop anyone else from using your brand. Instead, to protect your name and overall branding, you have to lean on trademark law. While you have some protection just through use, obtaining a federally registered trademark is the absolute best way to stop others from using your name and branding.
Plus, while having a domain does not protect your brand or your trademark, having a registered trademark can help you in a domain dispute.
Bars and Restaurants Need to Be Sure to Pay License Fees to Play Music in Their Establishments
Did you know that every public establishment, including bars and restaurants, must obtain licenses to have live or recorded music play in their business? The licenses are not difficult to get, but if you don’t pay for them you can be sued for playing music in your establishment. Recently, ASCAP (American Society of Composers Authors and Publishers), a performing rights society that manages the public performance rights for its members, sued thirteen bars and restaurants around the country for not paying for its license.
Did You Know that “Barcade” is a Federally-Protected Trademark for an Arcade Bar?
Everybody loves arcade bars. These trendy gathering places mix drinking and socializing with video games and nostalgia – appealing to a wide variety of patrons. The easy shorthand portmanteau, “barcade,” is often used to describe these establishments. However, have you ever noticed that the term barcade is actually rarely used in the names or advertising for the establishments?
As you may expect from a blog on legal topics, there is a legal reason for this – BARCADE is a federally-protected trademark for arcade bars owned by a company in Brooklyn, NY. Not only does this establishment own exclusive rights to the term, but this business actively – and some would say, aggressively – polices and enforces against unlicensed use of the term by sending cease-and-desist letters to establishments it thinks are infringing on its mark.
