Trademarks Patents

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

Hope You Didn’t Get A Longchamp Bag For Valentine’s Day

Now I do not mean to tell you that you should return an authentic Longchamp bag from the shops in Paris or the famous bags sold in boutiques stateside. But, if your sweetheart bought you a bag from Bed Bath & Beyond...more

Trademarks, Copyrights, and Patents: Why Business Owners Should Care About Intellectual Property

Intellectual Property, often referred to simply as IP, is a legal term covering various forms of valuable business assets. The three broad, primary areas of IP are: trademarks, copyrights, and patents....more

The Controversial SAWS of “Justice”

What if the Trademark Office took Taylor Swift’s controversial new trademark applications and stalled examination of them, preventing them from getting approved, despite having no legitimate basis to refuse their...more

Get smart when tackling estate planning for intellectual property

How should one account for intellectual property (IP), such as a patent or copyright, in their estate plan? These intangible assets can be highly valuable, and they should be handled according to the owner’s wishes. This...more

IP Newsflash - February 2015

FEDERAL CIRCUIT CASES - PTAB’s Broadest Reasonable Interpretation Standard Affirmed by Fed. Circuit in First Ever IPR Appeal - On Wednesday, February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC)...more

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

Supreme Court Starts 2015 Off with Focus on Facts Shaping Intellectual Property Disputes

The U.S. Supreme Court kicked 2015 off with an intellectual property bang, issuing two important rulings earlier this week. Both decisions focus on the facts underpinning intellectual property disputes—who decides them and...more

In Teva Pharmaceuticals USA, Inc. And Hana Financial, Inc., The Supreme Court Issues Two IP Decisions – One Deferring To Trial...

This week, the Court rendered two IP opinions in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (argued October 15, 2014) and Hana Financial, Inc. v. Hana Bank, No. 13-1211 (argued December 3, 2014) . Teva...more

Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the...more

Recommendations of the ABI Commission to Study the Reform of Chapter 11: Intellectual Property Licenses

Beginning in 2012, a distinguished group of bankruptcy attorneys, academics and judges known as the American Bankruptcy Institute (ABI) Commission to Study the Reform of Chapter 11 (the Commission) held periodic meetings...more

Recapping 2014: IP Cases in New York State

New York State and its four U.S. district courts – the Northern District (N.D.N.Y.), Southern District (S.D.N.Y.), Eastern District (E.D.N.Y.), and Western District (W.D.N.Y.) – have been well-known venues for IP cases. How...more

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015....more

Supreme Court Corner: Q4 2014

KIMBLE V. MARVEL ENTERPRISES, INC. Patent Licensing - Cert. Pending - Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more

IP Newsflash - December 2014

Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine - In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more

No IP Holes in this Crystal Head

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark,...more

Intellectual Property Issues for Health Care Providers - November 2014

In This Presentation: - Introduction - Intellectual Property (IP) Basics - IP Strategy - IP Encountered by Health Care Providers - Securing Ownership of IP Assets -...more

Intellectual Property Law Issues for Health Care Providers  [Video]

Whether they are aware of it or not, health care providers create, purchase and use a variety of intellectual property daily in the course of operating their businesses, sometimes leading to issues involving patents,...more

Seeds Worth More than Gold

Plant Breeders are Learning the Value of Protecting Their Inventions - Agricultural espionage: it’s not exactly the stuff of John le Carré novels. But recently a Chinese woman was charged in a plot to steal U.S. corn...more

Intellectual Property Basics (Updated)

You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a...more

Beware of IP Scams-Invention Development

Information about patent and trademark applications, processes and maintenance requirements is much more accessible to the public than it used to be. In particular, the United States Patent and Trademark Office (USPTO) has...more

Knowledge is Power

Knowledge and intellectual property rights are both important elements of any outsourcing transaction but each is addressed in different ways. Many organizations involved in outsourcing over-value (and over-protect) IPR and...more

Why is Intellectual Property Important?

In This Presentation: - Intellectual Property (IP): •Refers to a category of exclusive rights created by statute, including: –Copyrights –Trademarks –Trade Secrets –Utility Patents –Design...more

It’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs

Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric...more

Feds Focus on Trade Secrets

Until recently, trade secrets have been mostly overlooked by federal lawmakers. While federal laws govern patents, trademarks, and copyrights, trade secret protection has been left primarily to the states, most of which have...more

Are You Taking Care to Create Value for Your Company's "Secret Sauce?"

To develop a successful long-term risk minimization strategy, your company must take time to create and protect valuable intellectual property assets. To be effective, this strategy will involve critically analyzing your...more

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