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

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

Ninth Circuit Joins Octane Fitness Trend for Trademark Cases

In 2014, the Supreme Court of the United States issued its ruling in Octane Fitness (IP Update, Vol. 17, No. 5), in which it examined the fee-shifting provision of the Patent Act and clarified the types of “exceptional” cases...more

MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

10 Key Intellectual Property Issues for M&A Deals

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

Hurray For HOLLYWOOD (Florida)! -The Motion Picture Capital’s Distant Cousin

I am headed to Hollywood. As much fun as it would be to report that I am leaving the work-a-day world behind to try and make it in moving pictures, the silver screen will have to wait. I am actually going to the...more

Palate Pleasing Zucchinis Dominate Squash Patenting

With Halloween over and Thanksgiving looming, recipes for butternut squash soup abound while caved-in pumpkin faces rot away in back alleys. For all their exotic shapes and colors, winter squashes remain tethered to autumnal...more

IP Part 3: Enforcing Your Intellectual Property

"We are certainly flattered by your affection for the brand" - Christy Susman made news for her surprisingly kind words to Patrick Wensink, author of Broken Piano for President, in a cease-and-desist letter after...more

Ninth Circuit Extends Octane Fitness Attorneys’ Fee Analysis To Lanham Act Cases

In the 2014 case of Octane Fitness, LLC v. Icon Health & Fitness, Inc. (and a companion case), the Supreme Court articulated a standard for courts to use when deciding whether to award attorneys’ fees in patent cases. As we...more

10 Intellectual Property Pitfalls Every Startup Should Avoid

Partner Thomas Yee and Associate Jonathan Menkes presented "10 IP Pitfalls Startups Should Avoid" to a group of local startup companies. Please see full Presenation below for more information....more

4 Ways to Maximize the Value of Your IP Counsel

1.Considering Your IP Counsel as a Partner - Companies maximize the value of their IP counsel when both the company and IP counsel view their relationship as a partnership. More specifically, look for IP counsel that...more

Recommind Challenges CAL Patent: eDiscovery Trends

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were...more

Intellectual Property Overview For Agribusiness

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

What U.S. companies need to know about their IP rights post-Brexit

On June 23, 2016, the British public voted in a referendum in favour of the U.K. withdrawing from the EU. For now, the U.K. is still very much part of the Union: the U.K. Government has not yet given formal notice of its...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 3

Supplemental Examination: Potential Benefits vs. Guaranteed Risks - The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more

Ninth Circuit Could Reconsider Attorneys’ Fees Standard for Federal Trademark Litigation

In Octane Fitness v. ICON Health & Fitness (2014), the Supreme Court changed the standard for recovering attorneys’ fees in patent litigation. Rejecting a “rigid and mechanical formulation,” the Court adopted a looser...more

Intellectual Property and the Venture-Funded Startup

One of the most commonly used buzzwords by the media and investors is the term “startup,” which is generally used to describe an entrepreneurial venture with the goals of rapid growth and immediate impact on a market....more

Protect Your Intellectual Property or Else

With an increasingly competitive marketplace challenging traditional business models, protecting intellectual property in the automotive industry has never been more vital. Among a business's most valuable assets are the four...more

AIPF 2016 Annual Meeting in Boston

The Association of Intellectual Property Firms (AIPF) is hosting its 2016 Annual Meeting in Boston. AIPF is an international association of independent specialty law firms that specialize in patent, trademark, and copyright...more

What’s the Story with STORIES?

Instagram recently released a new feature called Instagram Stories, which allows users to curate a collection of photos or videos of moments to share with friends for them to view, but then it disappears after a day. The...more

Intellectual Property Bulletin - Summer 2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Business Q&A with Jeffrey A. Curran: Copyrights, patents, trademarks need to be afforded protection

Q: Creators, whether businesses or individuals, are often told they need to protect their intellectual property. What's the difference between a copyright, patent and a trademark? A: The idea of a copyright, while...more

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Realizing Value from Intellectual Property

Everyone assumes that intellectual property has value, but how do you determine that value? Can you increase it, and can you damage it?...more

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

What is “Intellectual Property” (IP)? •Exclusive Rights to Certain Intellectual Products (Ideas) –Necessary due to the “non-rivalrous” nature of ideas: •“He who receives an idea from me, receives instruction...more

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