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Are You Using AI to Process Consumer Information? Revisit Your Privacy Policy First!

What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and...more

Coronavirus Impacts Intellectual Property Too: Update on Patent and Trademark Prosecution at Various IP Offices in the World...

The coronavirus seems to be exerting itself upon all phases of life, and your intellectual property is not immune. While you, your families, your friends, and your colleagues are getting comfortable with the new normal of...more

Coronavirus Impacts Intellectual Property Too: Update on Patent and Trademark Prosecution at Various IP Offices in the World

The coronavirus seems to be exerting itself upon all phases of life, and your intellectual property is not immune. While you, your families, your friends, and your colleagues are getting comfortable with the new normal of...more

Establishing and Protecting IP Rights Globally: A Case Study

Building upon our recent note concerning general international intellectual property protection considerations, this article describes how foreign IP expansion efforts might play out in a case study format. The company, a...more

International IP Expansion Considerations

Businesses must balance the desire for intellectual property protection throughout the world with budget management goals. There is no “one size fits all” approach for achieving that balance, but there are certain...more

Mission Product Holdings, Inc. v. Tempnology, LLC: Will the Supreme Court Clarify the Rights of Trademark Licensees Upon...

Q: Why is there such great uncertainty on this issue leading to widely different results among the lower courts? A: The Bankruptcy Code does not squarely provide any protection for trademark licensees upon rejection of a...more

Will the Supreme Court Clarify the Rights of Trademark Licensees Upon Rejection in Mission Product Holdings, Inc. v. Tempnology,...

Pat Concannon and John Loughnane, partners in Nutter’s Intellectual Property and Corporate and Transactions Departments, respectively, analyzed the significance of the upcoming oral arguments in the Supreme Court case Mission...more

Proper Use of Trademarks and Trademark Symbols

A trademark is a word, phrase, symbol, design, color, sound, or a combination thereof, that serves to identify the source of goods or services from those of another. Questions frequently arise about how trademarks should be...more

Branding and Trademark Series: Federal Trademark Registration Benefits – Beyond the ®

You don’t need to register a trademark to establish and assert trademark rights in the U.S. Merely using a mark commercially so that consumers come to view the mark as an identifying a source is enough to qualify for...more

Branding and Trademark Series: Building a Brand

The word “brand” has come to be used broadly as a business buzzword, and with good reason. A brand often is comprised of a company name or a product name - but it is much more than that. It is a projection and reflection of...more

Copyright Liability Safe Harbor Treatment Requires Action by December 31, 2017 for Many

Website or information “service providers” who in the past have made hard-copy filings to designate agents to take advantage of the “safe harbor” liability shield provision under the Digital Millennium Copyright Act (DMCA)...more

Trademark Fair Use: A Subjective Call No Matter What Side of the Pond

There are occasions where displaying another company’s trademark is desirable. Whether that type of trademark use is lawful generally is a subjective, fact-specific determination under both United States and European Union...more

Supreme Court Ruling on Offensive Trademarks Could Embolden Future Trademark Applicants

The Supreme Court held in Matal v. Tam that the Lanham Act’s provision forbidding the registration of disparaging trademarks is unconstitutional in violation of the First Amendment. The Court explained that “[s]peech may not...more

Fashion and Intellectual Property: Many Options to Protect Your Design, But No One-Stop Shop

Imagine you’re a fashion designer with a unique clothing design. As with any other business, you wish to protect your intellectual property through the standard combination of patents, trademarks, and copyrights. Sounds...more

Trademark Solicitation Scams

Last month the United States Patent and Trademark Office (“the Office”) announced its cooperation in a Department of Justice investigation into a trademark scam perpetrated by two California men that defrauded about 4,446...more

Thoughtful Approach to Trademarks is Important for Food and Beverage Companies: Insights from Nutter’s Pat Concannon

Patrick J. Concannon, a partner in Nutter’s Intellectual Property and Business Departments, weighed in on the importance of trademarks in the food and beverage industry in Nutter Insights. Pat analyzed how trademarks come...more

U.S. Commerce Department Releases Updated Report Showing Intellectual Property-Intensive Industries Contribute $6.6 Trillion and...

The U.S. Commerce Department recently released a comprehensive report, entitled “Intellectual Property and the U.S. Economy: 2016 Update” (the “Report”). The Report, which was co-authored by the Economics & Statistics...more

TTAB Rules Changes Confirmed – Effective January 14, 2017

The public comments have been considered and the Trademark Trial and Appeal Board rule changes proposed in April 2016 and summarized in this blog post have been confirmed with only minor exceptions. The new rules will be...more

Time is Now to Assess E.U. TM Registration Goods Wording in Advance of September Deadline

There is a September 23, 2016 deadline for clarifying product or service specification wording within European trademark registrations in certain situations where that is necessary. ...more

Professional Service Firms: What Is a House Mark and Why Do You Need to Protect It?

Pat Concannon, a partner in Nutter’s Intellectual Property and Business Departments, analyzed why professional service firms need to safeguard their house marks in Nutter Insights. Pat discussed why a house mark is important...more

U.S. Trademark Opposition/Cancellation Rule Change Proposals of Special Interest to Non-U.S. Companies

On April 4, 2016 the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking that details proposed changes to the USPTO’s rules of practice for trademark application opposition and...more

Significant Changes to the Rules Related to European Trademarks – Three Things You Should Know

The European Union’s (EU) trademark regulations are undergoing a significant overhaul as of March 23, 2016. For starters, the terminology is changing: the title “Community Trade Mark” or “CTM,” will be replaced by “European...more

Federal Circuit: Lanham Act “Disparaging” Mark Prohibition Unconstitutional

On December 22nd the Court of Appeals for the Federal Circuit issued its sua sponte en banc In re Tam decision regarding the constitutionality of the “disparaging” marks bar under Section 2(a) of the Lanham Act. A Federal...more

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