Category Archives: Intellectual Property Newsletter

Fanciful Trademark

Many people wonder about a Fanciful Trademark?  Why should anyone want a fanciful trademark? Generally, trademarks help consumers distinguish one product or service from another by acting as a source identifier.  It helps consumers wanting to purchase Quaker Oats branded … Continue reading

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Copyright Application vs. Copyright Registration

Today, the U.S. Supreme Court announced that it will take on the issue of whether a copyright registration or a copyright application is required before bringing a copyright infringement suit. Currently, depending on the location of your copyright lawsuit, some courts … Continue reading

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Trademark Actions – Reverse Passing Off

Trademark law protects your business against confusion, which can be created by Forward Confusion, Reverse Confusion, Passing Off and Reverse Passing Off.  If this occurs, a trademark infringement lawsuit may be necessary to protect your business. Trademark Rights Trademark law functions … Continue reading

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10M Patent – Standing on Shoulders of Greatness

The 10th Million Patent was issued on June 20, 2018 to Joseph Marron for a “Coherent LADAR Using Intra-Pixel Quadrature Detection,” which relates to lasers.  This milestone in U.S. patent history truly shows that we are standing on shoulders of those … Continue reading

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Protecting Patents and Trademarks are Good Business

Intellectual property (IP) generally refers to the legal rights associated with patents and trademarks, copyrights and trade secrets.  In some cases, intellectual property rights are the most valuable assets a business or organization will ever own. Unfortunately, many attorneys are … Continue reading

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Plant Patent Provides Monopoly for Holiday Flowers

U.S. Plant Patent Many of us associate the holiday season with Poinsettia Plants. However, few people realize that it was covered by a plant patent for over a hundred years. Like the poinsettia plant, its history, is colorful and interesting. … Continue reading

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Disney Accused of Looting (i.e. Infringing) Pirate Franchise

Copyright infringement typically involves copying someone else’s creative work. However, what happens when you copy something that was itself a copy of something you create? For example, what happens when someone creates a new website for you or your company; … Continue reading

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SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection

Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) … Continue reading

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Pay BEFORE You Play: Why Music Licensing Matters

Does your business need a license to play music? Do you really need a music license just to play cover songs? Music licensing is not something to gamble with. Spotify recently settled a class action lawsuit for more than $43 … Continue reading

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SCOTUS: Forum Shopping Spree Over for Patentees

Good litigation strategy involves reviewing a case and potential jurisdictions based upon historical outcomes, some which may have more positive (or more dire) effects on your client’s case. This is sometimes referred to as “forum shopping.” And frankly, it’s just good … Continue reading

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