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Trademarks Utility 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 -
Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Dunlap Bennett & Ludwig PLLC

Copyright vs. Trademark vs. Patent: The Basics

Intellectual property is the foundation of a business’s unique value proposition. Understanding the different types of intellectual property protection available for patents, trademarks, and copyrights is crucial to...more

Venable LLP

Event in Review: IP and Brand Protection in the Metaverse

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In a recent event hosted by Lexology, Venable partners Justin Pierce, Calvin Nelson, and Marci Ballard discussed how various entities are seeking to prepare for a future of immersive, interactive, and engaging metaverse...more

Foley & Lardner LLP

How Intellectual Property Fits in Cloud Computing and SaaS Business Models

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Various types of intellectual property (IP) can provide companies protection of innovations and maintain or expand competitive advantages. For companies that operate using Software-as-a-Service (SaaS) technologies and/or...more

AEON Law

Patent Poetry: Is a Design Law Treaty coming?

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The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial...more

Dorsey & Whitney LLP

Intellectual Infrastructure: IP 101 for Construction and Design Professionals

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From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”)...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this...more

Fox Rothschild LLP

TTAB Cancels Registration For Gun Barrel Trade Dress On Grounds Of Functionality

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On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under...more

Bond Schoeneck & King PLLC

High-Level Overview of Intellectual Property Protection for the Cannabis Industry

The cannabis industry is booming and as it continues to grow, new cannabis-related businesses are forming in various sectors of industry and new plant varieties, products and techniques are developed daily. Protecting...more

Wiley Rein LLP

Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

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Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2021

[co-author: Joseph Diorio, Law Clerk] The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more

Knobbe Martens

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

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On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more

Haug Partners LLP

“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent...

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In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more

Manatt, Phelps & Phillips, LLP

Conveyor Belt Fastener Design Held Not Eligible for Trade Dress Protection

In Flexible Steel Lacing Co. v. Conveyor Accessories Inc., the Seventh Circuit Court of Appeals ruled that a conveyor belt fastener’s “beveled center scallop” design was not entitled to trade dress protection because it was...more

Ladas & Parry LLP

[Webinar] IP Basics For The Food & Beverage Industry - January 30th, 12:30 pm ET

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Join the Ladas & Parry Food & Beverage Industry Group on January 30th to learn the basics of intellectual property as it relates to protecting what is special about your food industry products. Topics include: • Appearance...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2019: Get in Sync: The Interplay Between Patent Language and Descriptive Word Marks

In a recent precedential decision, the Trademark Trial and Appeal Board affirmed that the mark SEQUENCING BY BINDING is merely descriptive of goods and services in Classes 1, 9, 10, and 42 related to biological analytes...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

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Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Vedder Price

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

Vedder Price on

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more

Sunstein LLP

May 2019 IP Update: Amazon Enters the Fray of Intellectual Property Disputes

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Amazon.com has become ubiquitous in online retail, dominating the e-commerce marketplace worldwide. For sellers, Amazon acts as a crucial means of reaching customers around the globe. For consumers, it has become an...more

Bradley Arant Boult Cummings LLP

Difficulties Face Cannabis Patents, Trademarks, and Other Forms of Intellectual Property - Intellectual Property News

Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Up in Smoke? IP Protection for Cannabis Products

In a recent decision, the TTAB overturned a descriptiveness refusal to register the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through...more

Dorsey & Whitney LLP

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

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The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Mintz - Health Care Viewpoints

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

Downey Brand LLP

Protecting Intellectual Property Rights

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Upon hearing the term intellectual property rights, the first image that most people conjure are the tens or hundreds of patents that cover the various features of a smartphone – from the display, to the software, to the...more

Knobbe Martens

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

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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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