Trademarks & Copyrights
BSKB trademark law and copyright law attorneys counsel clients in the selection, adoption, registration and enforcement of their trademark and trade dress rights. The firm files and prosecutes hundreds of federal, state and foreign trademark applications each year. BSKB also conducts trademark availability searches and provides trademark-monitoring services of third-party trademark use. BSKB counsels clients on copyright law issues in a wide variety of fields, from computer software to publishing. BSKB has developed strong relationships with foreign counsel to ensure that our clients’ rights are protected. BSKB trademark law and copyright law attorneys are licensing experts yet also offer substantial litigation expertise, both in administrative proceedings before the U.S. Patent and Trademark Office (USPTO) and the Copyright Office and in civil litigation.
Our intellectual property lawyers frequently conduct and participate in seminars and conferences for intellectual property associations, trade associations and within the private sector on recent developments in trademark and copyright practice. BSKB copyright law and trademark law attorneys are also active in various trademark associations, holding positions in the International Trademark Association (INTA), the Licensing Executives Society and state and local bar associations. The firm keeps on top of legal, policy and practice developments that may impact our clients. We are committed to sharing this information with our clients through our annual U.S. Trademark Practice Seminar held each spring. This week-long course provides attendees with practical information on selecting, adopting, enhancing and enforcing their trademarks.
Through its investment in educational and informational resources, BSKB’s trademark and copyright practice has created a strong relationship with its clients and is able to better understand and serve their needs.
Attorneys and Professionals
Michael T. Smith
July 24, 2020
In surveys throughout the Washington, D.C. metro area, three possible replacement names have emerged as favorites among the fans: Warriors, Red Wolves, and Redtails. Armed with the knowledge of the name change and the relative popularity of the possible replacement names, two enterprising individuals have applied to obtain a federal trademark registration for the marks WARRIORS, WASHINGTON RED WOLVES, and WASHINGTON REDTAILS, respectively. Neither applicant appears to be connected to the owners of the Washington D.C. professional football team.
July 2, 2018
World Trademark Review
Under common law, ownership is conferred through first use of a trademark– including use by a licensee. Recent case law can help to determine which party has the right to enforce the licensed mark where an infringement suit arises.
December 1, 2020
Birch, Stewart, Kolasch & Birch, LLP has been ranked in the 2021 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 3 practice areas and regionally in 3 practice areas.
September 10, 2020
Michael Smith was quoted in a Bloomberg Law article regarding Apple's opposition to the “federal registration of food prep app Prepear’s logo as a trademark, arguing the green pear-with-leaf logo ‘readily calls to mind’ its iconic bite-out-of-an-apple logo.”