Intellectual Property

Gruyere a Common Name for a Cheese or a Trademark?

Say Cheese! Is Gruyere a Common Name for a Cheese or a Trademark?

This unsettled question has been in dispute since 2015 when two European dairy consortiums – one from Switzerland and one from France – filed an application with the United States Patent and Trademark Office seeking registration of GRUYERE as a “certification mark” for cheese. This filing did not sit well with the International Dairy Foods Association (among others), so they

Read More »
Trademark Registration Perks

Trademark Registration Perks

“With great [brands] comes great responsibility.” — Uncle Ben Parker When it comes to proactive brand protection, the absolute best thing a company can do is to obtain a U.S. trademark registration. Obvious Trademark Registration Benefits Legal presumptions about the mark’s ownership and the owner’s right to use the mark. “Constructive notice” of the mark owner’s rights in that mark

Read More »
trade dress

Trade Dress (Au Naturel)

A request we often receive from clients goes something like this, “I want you to protect all of my IP.” Patent, copyright, and trademark rights are defined by federal statutes, which can make them easier to explain to a client. But what about trade dress? WHAT IS TRADE DRESS AND HOW IS IT PROTECTED? Courts hold that trade dress is

Read More »
Can AI Own Intellectual Property?

Can AI Own Intellectual Property? (AI Did Not Write This Article)

“A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.” – Alan Turing Artificial intelligence (AI) is mentioned so often that it has become ubiquitous. Virtually every news burst and advertisement refers to it. What is AI? The acronym appears to encompass all things run by software, implying there is

Read More »
Trademark Hustles

Trademark Hustles – New Tools in the Trickery Toolbox

“The Engines of Our Ingenuity” is a podcast presented by the University of Houston. Each episode is about four minutes long and conveys a story about how our culture has been shaped by human creativity, not only in terms of technology but also in relation to the arts and ideas. Check out the podcast here. This podcast is all about

Read More »

Koala Kare: A Winning Product Formula – Conveniently Simple

Your newest business client wants help obtaining a patent, copyright registration, or trademark registration. While you are exceptionally skilled in many legal fields, intellectual property law isn’t one of them, so you refer that client to competent IP counsel and relax. Everyone wins and … we thank you! When you do this, the client’s IP protection opportunities will be addressed,

Read More »
Names in Intellectual Property

What’s in a Name? The Difference Between Names in Intellectual Property

In intellectual property (IP), this question comes about in a different context. There are many misconceptions, misunderstandings, and myths about “names” in IP which create confusion with clients even believing they have rights where those rights have been eroded or, in some situations, those rights never existed. This question gives an opportunity to provide a discussion that helps clarify the

Read More »

IP Life Expectancy

The Unites States of America – it’s often referred to as “the land of opportunity.” The oppressed come seeking freedoms unavailable in many countries, and the ambitious come seeking fortune and fame. This has been our country’s story, in fits and starts of enthusiasm, since the beginning. Despite all that apparent upside, in recent years the life expectancy at birth

Read More »

FRESH FRENCH FRIES! The State Fair Brand Defying the ‘Generic’ Trademark Rule

Another Minnesota State Fair was recently wrapped up. Although some of the days were tremendously hot and humid, Minnesotans stayed true to “The Great Minnesota Get-Together.” Over 1.8 million attended, putting 2023 attendance in the all-time top 10. With a state population of 5.8 million, about 31% of the state’s residents attended (assuming each resident only came once). Both of

Read More »

A Patent as a Paper Doll – No Barbie Curves

3D imagery is now a fully accepted tool in product design and manufacturing, as well as architecture, surgical preparation and training, dental modelling, and geology (to say nothing of the use of 3D animations in the entertainment, advertising and gaming industries). This is all possible using images that could only be rendered in 2D just a few years ago. With

Read More »
Gruyere a Common Name for a Cheese or a Trademark?

Say Cheese! Is Gruyere a Common Name for a Cheese or a Trademark?

This unsettled question has been in dispute since 2015 when two European dairy consortiums – one from Switzerland and one from France – filed an application with the United States Patent and Trademark Office seeking registration of GRUYERE as a “certification mark” for cheese. This filing did not sit well with the International Dairy Foods Association (among others), so they

Read More »
Trademark Registration Perks

Trademark Registration Perks

“With great [brands] comes great responsibility.” — Uncle Ben Parker When it comes to proactive brand protection, the absolute best thing a company can do is to obtain a U.S. trademark registration. Obvious Trademark Registration Benefits Legal presumptions about the mark’s ownership and the owner’s right to use the mark. “Constructive notice” of the mark owner’s rights in that mark

Read More »
trade dress

Trade Dress (Au Naturel)

A request we often receive from clients goes something like this, “I want you to protect all of my IP.” Patent, copyright, and trademark rights are defined by federal statutes, which can make them easier to explain to a client. But what about trade dress? WHAT IS TRADE DRESS AND HOW IS IT PROTECTED? Courts hold that trade dress is

Read More »
Can AI Own Intellectual Property?

Can AI Own Intellectual Property? (AI Did Not Write This Article)

“A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.” – Alan Turing Artificial intelligence (AI) is mentioned so often that it has become ubiquitous. Virtually every news burst and advertisement refers to it. What is AI? The acronym appears to encompass all things run by software, implying there is

Read More »
Trademark Hustles

Trademark Hustles – New Tools in the Trickery Toolbox

“The Engines of Our Ingenuity” is a podcast presented by the University of Houston. Each episode is about four minutes long and conveys a story about how our culture has been shaped by human creativity, not only in terms of technology but also in relation to the arts and ideas. Check out the podcast here. This podcast is all about

Read More »

Koala Kare: A Winning Product Formula – Conveniently Simple

Your newest business client wants help obtaining a patent, copyright registration, or trademark registration. While you are exceptionally skilled in many legal fields, intellectual property law isn’t one of them, so you refer that client to competent IP counsel and relax. Everyone wins and … we thank you! When you do this, the client’s IP protection opportunities will be addressed,

Read More »
Names in Intellectual Property

What’s in a Name? The Difference Between Names in Intellectual Property

In intellectual property (IP), this question comes about in a different context. There are many misconceptions, misunderstandings, and myths about “names” in IP which create confusion with clients even believing they have rights where those rights have been eroded or, in some situations, those rights never existed. This question gives an opportunity to provide a discussion that helps clarify the

Read More »

IP Life Expectancy

The Unites States of America – it’s often referred to as “the land of opportunity.” The oppressed come seeking freedoms unavailable in many countries, and the ambitious come seeking fortune and fame. This has been our country’s story, in fits and starts of enthusiasm, since the beginning. Despite all that apparent upside, in recent years the life expectancy at birth

Read More »

FRESH FRENCH FRIES! The State Fair Brand Defying the ‘Generic’ Trademark Rule

Another Minnesota State Fair was recently wrapped up. Although some of the days were tremendously hot and humid, Minnesotans stayed true to “The Great Minnesota Get-Together.” Over 1.8 million attended, putting 2023 attendance in the all-time top 10. With a state population of 5.8 million, about 31% of the state’s residents attended (assuming each resident only came once). Both of

Read More »

A Patent as a Paper Doll – No Barbie Curves

3D imagery is now a fully accepted tool in product design and manufacturing, as well as architecture, surgical preparation and training, dental modelling, and geology (to say nothing of the use of 3D animations in the entertainment, advertising and gaming industries). This is all possible using images that could only be rendered in 2D just a few years ago. With

Read More »

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