Hasta La Creative!

Category: Beyond Madison Avenue
Summary: Many of us have always operated under the assumption that when we adopt a business name and brand, much of our activities will be protected through use; if another company or entity tries to infringe upon our markings, we would stand as victors due to avid use through advertising and the like.

A recent legal case sheds some light on our assumptions, and tells us that there is some error in our thinking.

Yes, just because you may be advertising your business and brand before getting a federal service or trademark, you are legally not protected under the commerce clause.

Why, you ask? Because in the legalese sense, no commerce has occurred…