Category Archives: Trade Secret

Your Intellectual Property Questions Answered

As an Intellectual Property Law firm, we are constantly being asked about the types of intellectual property. Many people know that they want their intellectual property (ie., inventions, ideas, art, writing, etc.) protected, but they are unsure as to what … Continue reading

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Tweets Aren’t Trade Secrets

The explosive expansion of social media outlets such as Twitter, Facebook, and LinkedIn have given rise to numerous intellectual property issues, including the ownership and value of a “Friend,” “Like” or “Tweet.”  A recent case PhoneDog v. Noah Kravitz may … Continue reading

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White House Recommends increasing the Criminal Penalties for Intellectual Property

The White House released a white paper recommending increasing the penalties for intellectual property crimes. The recommendations involve increasing rights and penalties “so as to more effectively address the substantial harm caused by intellectual property crimes.” Recommended changes include: Increase … Continue reading

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Trademark Priority Rights

In the United States, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark … Continue reading

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Trademark Infringement Litigation

There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods … Continue reading

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Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual … Continue reading

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Trademark Rights of Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to … Continue reading

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Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to … Continue reading

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Trademark Law

The “(r)” may be used if a trademark is registered with the United States Patent and Trademark Office (USPTO). The “TM” symbol may be used for a product that is not yet registered with the USPTO. The “SM” symbol may … Continue reading

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Trade Dress

Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the … Continue reading

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